Where a person, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Indian Penal Code (45 of 1860) with imprisonment for a term of three years or more, is again accused of any offence punishable under either of those Chapters with imprisonment for a term of three years or more, and the Magistrate before whom the case is pending is satisfied that there are grounds to presume that the person has committed the offence, the Magistrate shall send the person for trial to the Chief Judicial Magistrate or commit the case to the Court of Session, unless the Magistrate is competent to try the case and believes that he can pass an adequate sentence if the accused is convicted.
When a person is sent for trial to the Chief Judicial Magistrate or committed to the Court of Session under Sub-Section (1), any other person accused jointly with him in the same inquiry or trial shall also be sent or committed in the same manner, unless the Magistrate discharges such other person under section 239 or section 245, as applicable.
