40 same, notwithstanding his knowledge thereof, the court may, in its discretion , dismiss the criminal suit, and release the accused. Reference of the criminal suit to a higher court 142. Where it transpires, to the court, after drafting the charge sheet, in a criminal suit, that it has to be, or it is appropriate to be heard before a higher court, by reason of lack of jurisdiction, or inflicting a penalty exceeding the powers thereof, or because the assessed compensation exceeds the power of the parallel civil court, the court shall refer the criminal suit to a competent higher court. Recording the charge 143. Where it transpires, to the court, after hearing the prosecution evidence, and examining the accused, or at any prior stage, that there is a basis for his being charged of an offence it is competent to try the same, it may record the charge, by drafting the charge sheet, with the offence attributed to the accused. Reply of the accused 144.(1) Subject to the provisions of section 143, the court shall address the accused with the charge, by reading and explaining it to him, and questioning him whether he is guilty, or innocent. (2) Where the reply of the accused is that he is guilty, the court shall record his admission of guilt, and it may decide his conviction, upon such admission. (3) Where the reply of the accused is that he is guilty of an offence punishable with death , amputation or whipping more than forty lashes, the court shall :(a) hear any other evidence presented by the prosecution; (b) caution the accused as to the seriousness of his admission, where admission is the only evidence against him; (c) adjourn the decision of conviction, for a period, not exceeding one month . (4) The court, upon convention of trial, under paragraph (c) , of sub-section (3), shall re-address the accused, with the charge, and hear his reply once more. Where his reply is that he is guilty, it shall pass its decision of conviction. (5) Where the reply of the accused is that he is not guilty, or refrains from reply, he shall be required to present his defense, and such evidence as he may have for rebutting the charge. The accused, or the defense representative shall thereupon present a list of the witnesses, and all the evidence he intends to adduce. Chapter III Procedure of Charging