364. Procedure when Magistrate cannot pass sentence sufficiently severe.

(1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty of the offence charged, and that the punishment which the Magistrate is competent to inflict would be inadequate, and that the case is not one which in his opinion should be committed to the Court of Session, he shall record the opinion and submit the proceedings to the Chief Judicial Magistrate to whom he is subordinate, forwarding the accused in custody.

(2) The Chief Judicial Magistrate to whom the proceedings are so submitted may, after examining the parties, their witnesses and the record of the proceedings submitted and hearing the accused—

1. pass such judgment or sentence as he thinks fit; or
2. commit the case to the Court of Session for trial.