Cr.P.C Section 476

Procedure in cases mentioned in section 195.

(1) When any offence referred to in section 195, subsection (1), clause (b) or clause (c), has been committed in, or in relation to, a proceeding in any Civil, Revenue or Criminal Court, the Court may take cognizance of the offence and try the same in accordance with the procedure prescribed for summary trials in Chapter XXII.

(2) When in any case tried under subsection (1) the Court finds the offender guilty, it may, notwithstanding anything contained in subsection (2) of section 262__

• (a) pass any sentence on the offender authorised by law for such offence, except a sentence of death, or imprisonment for life, or imprisonment exceeding five years, if such Court be a High Court, a Court of Session, a District Court or any Court exercising the power of a Court of Session or a District Court ;
• (b) sentence the offender to simple imprisonment for a term which may extend to three months, or to pay a fine not exceeding [one thousand rupees] or both, if such Court be a Court of a Magistrate of the first Class, a Civil Court other than a High Court, a District Court or a Court exercising the powers of a District Court, or a Revenue Court not inferior to the Court of Collector ;
• (c) sentence the offender to simple imprisonment for a term not exceeding one month, or to pay a fine not exceeding fifty rupees, or both, if such Court be a Criminal Court or a Revenue Court other than a Court referred to in clause (a) or clause (b).

(3) The powers conferred on Civil, Revenue and Criminal Courts under this section may be exercised in respect of any offence referred to in subsection (1) and alleged to have been committed in relation to any proceeding in such Court by the Court to which such former Court is subordinate within the meaning of subsection (3) of section 195.

(4) Any person sentenced by any Court under this section may, notwithstanding anything hereinbefore contained, appeal__

• (a) in the case of a sentence by the High Court, to the Supreme Court ;
• (b) in the case of a sentence by a Court of Session, or District Court, or a Court exercising the powers of a Court of Session or a District Court, to the High Court ; and
• (c) in any other case, to the Sessions Judge.

(5) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section and the Appellate Court may alter the finding or reduce or enhance the sentence appealed against.