When Subordinate Court May Commit to High Court for Sentence.

When Subordinate Court May Commit to High Court for Sentence

Section 171 of the Criminal Procedure Act empowers a subordinate court, presided over by a district magistrate, to commit an offender to the High Court for sentencing if the court believes the punishment it can lawfully impose is inadequate given the offender’s character, antecedents, or circumstances of the offence. This typically applies to adult offenders convicted of serious crimes where the magistrate believes a stiffer sentence is justified.

Once committed, the High Court inquires into the case and imposes any sentence it could lawfully give if it had conducted the trial itself. The section also allows for bail if the offender appeals and gives the High Court power to postpone sentencing pending appeal determination. Importantly, the High Court may exercise its revision powers as if the case were reported for revision under section 373.