CrPC Section 290
Section 290 CrPC – Procedure when Magistrate cannot pass sentence sufficiently severe
Text of Section 290 CrPC:
"When in the course of any inquiry or trial before a Magistrate, it appears that the accused is guilty of an offence and that the Magistrate is competent to inquire into or try such offence but is of opinion that the accused should be punished with a punishment more severe than that which such Magistrate is empowered to inflict, he may record his opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate."
🔍 Explanation:
1. Purpose of Section 290
This section ensures that if a Magistrate, during a trial or inquiry, finds that an accused deserves a punishment more severe than what he is authorized to give, then the matter is escalated to a higher Magistrate (Chief Judicial Magistrate).
2. Applicability
This applies only when:
The Magistrate has jurisdiction to conduct the inquiry/trial.
The offence is triable by that Magistrate.
However, the punishment that seems appropriate exceeds the Magistrate’s sentencing powers.
3. Sentencing Powers of Magistrates (for context):
| Magistrate Type | Max Imprisonment | Max Fine |
|---|---|---|
| Judicial Magistrate First Class | 3 years | ₹10,000 or more (state dependent) |
| Judicial Magistrate Second Class | 1 year | ₹5,000 |
So, if a Judicial Magistrate First Class feels the punishment should be more than 3 years, he can act under Section 290 CrPC.
🧑⚖️ What Does the Magistrate Do Under Section 290?
Records the opinion: He must clearly write down that the punishment warranted is beyond his powers.
Submits the proceedings: All relevant records of the trial/inquiry are submitted to the Chief Judicial Magistrate (CJM).
Forwards the accused: The accused person is sent along to the CJM.
🧩 Illustration / Example:
Imagine a Judicial Magistrate First Class is trying a case of grievous hurt under Section 325 IPC, which carries a punishment of up to 7 years.
During the trial, evidence shows the crime was particularly brutal and deserves at least 5 years of imprisonment.
The Magistrate realizes he can only award up to 3 years.
He then uses Section 290, sends the case file + the accused to the Chief Judicial Magistrate, who is empowered to impose a harsher sentence.
🔄 Next Steps (after Section 290):
Once the Chief Judicial Magistrate receives the file:
He can examine the case.
May take further evidence if necessary.
And then pass the appropriate sentence according to law.
✅ Key Points Summary:
Section 290 is about referring a case to a higher Magistrate for sentencing, not retrial.
It preserves judicial hierarchy and ensures appropriate punishment.
It applies only when the trial is complete or nearing completion, and the Magistrate finds his powers insufficient to punish adequately.
This ensures that justice is served properly without exceeding legal authority.
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