CHAPTER III: POWERS OF COURT
SYNOPSIS:
- SECTION 26: Offence wise power.
- SECTION 27: The particular special Court, jurisdictional power in a juvenile case.
- SECTION 28: The High Court and the Sessions Judge, the power to pass sentence.
- SECTION 29: The Magistrates, the power to pass sentence.
- SECTION 30: The Court of a Magistrate, the power to pass sentence of imprisonment in default of fine.
- SECTION 31: The competent Court, the power to pass sentence of several offences at one trial.
- SECTION 32: The High Court or the State Government (as the case may be), the power to confer power.
- SECTION 33: Power of appointed officer (whose power is invested by The High Court or the State Government [as the case may be])
- SECTION 34: The High Court or the State Government (as the case may be), the power to withdraw power.
- SECTION 35: Judges and Magistrates power, exercisable by their successor-in-charge.
SECTION 26: COURTS BY WHICH OFFENCES ARE TRIABLE
Concerning other provisions of this Code-
(a)Any offence under Indian Penal Code, 1860, may be tried by:
- The High Court, or
- The Court of Session, or
- Any other Court, under First Schedule;
(b)Any offence under any other law:
- When, any Court is mentioned- tried by such Court.
- When, no Court is so mentioned, may be tried by:
- The High Court, or
- Any other Court, under First Schedule.
SECTION 27: JURISDICTION IN THE CASE OF JUVENILES
- Any offence, not punishable with:
- death, or
- imprisonment for life;
- committed by, any person:
- under the age of 16 years,
- at the date he appears or brought before the Court;
- may be, tried by:
- the Court of the Chief Judicial Magistrate, or
- any Court specially empowered, under-
- the Children Act, 1960, or
- any other law for the time being in force, for the youthful offenders-
- treatment,
- training, and
- rehabilitation.
SECTION 28: SENTENCES WHICH HIGH COURTS AND SESSIONS JUDGES MAY PASS
(1)The High Court may pass any sentence authorized by law.
(2)A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law,
- EXCEPT- Sentence of death, which should be confirmed by the High Court.
(3)An Assistant Sessions Judge may pass any sentence authorized by law,
- EXCEPT- Sentence of:
- Death, or
- Imprisonment for life, or
- Imprisonment for a term exceeding 10 years.
SECTION 29: SENTENCES WHICH MAGISTRATES MAY PASS
(1)The Court of a Chief Judicial Magistrate may pass any sentence authorized by law,
- EXCEPT- Sentence of:
- Death, or
- Imprisonment for life, or
- Imprisonment for a term exceeding 7 years.
(2)The Court of a Magistrate of the first class may pass a sentence of imprisonment, fine or both,
- EXCEPT- Sentence of:
- Imprisonment for a term not exceeding 3 years, or
- Fine not exceeding 5000 rupees, or
- Both.
(3)The Court of a Magistrate of the second class may pass a sentence of imprisonment, fine or both,
- EXCEPT- Sentence of:
- Imprisonment for a term not exceeding 1 year, or
- Fine not exceeding 1000 rupees, or
- Both.
(4)The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and
- The Court of a Metropolitan Magistrate shall have the powers of the Court of a Magistrate of the first class.
SECTION 30: SENTENCES OF IMPRISONMENT IN DEFAULT OF FINE
(1)The Court of a Magistrate may award such term of imprisonment as authorized by law.
PROVIDED-
The term (of imprisonment, in default payment of fine):
(a)should not excess of the powers of the Magistrate under section 29,
(b)SITUATION: Imprisonment awarded as part of the substantive sentence,
CONSEQUENCE: Imprisonment should not exceed, one-fourth of the term of imprisonment, magistrate is competent to inflict,
- apart from, imprisonment in default of payment of fine.
(2)The imprisonment awarded under this section, may be:
- in addition to a substantive sentence of imprisonment,
- for the maximum term awardable by the Magistrate under section 29.
SECTION 31: SENTENCES IN CASES OF CONVICTION OF SEVERAL OFFENCES AT ONE TRIAL
(1)SITUATION: A person is convicted at one trial of 2 or more offences.
- CONSEQUENCES: The competent Court may sentence him for such offences to the several punishments, subject to section 71 of the Indian Penal Code, 1860,
- such punishments (consisting of imprisonment), is to commence 1 after the expiration of the other in such order as the Court may direct,
- unless, the Court directs to run the punishments concurrently.
(2)CASE: In consecutive sentence
- CONSEQUENCE: It shall not be necessary for the Court to send the offender before a higher Court for trial,
- for reason only, of aggregate punishment for several offences being excess of the punishment,
- punishment which, the Court is competent to inflict on conviction of a single offence.
PROVIDED-
- such person’s sentence of imprisonment shall not exceed longer than a period of 14 years,
- the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.
(3)The aggregate of the consecutive of the consecutive sentences,
- passed against the convicted person under this section,
- shall be deemed to be a single sentence,
- for the purpose of appeal by a convicted person.
SECTION 32: MODE OF CONFERRING POWERS
(1)While conferring powers under this Code,
- The High Court or the State Government, as the case may be,
- empower persons, through-
- SPECIAL ORDER: By name or in virtue of their offices or classes of offices and
- GENERAL ORDER: By their official titles.
(2)Every such order shall, take effect from the date of its communication to the person so empowered.
SECTION 33: POWERS OF OFFICERS APPOINTED
SITUATION: Any person holds office, throughout any local area-
- in service of Government, by the High Court or the State Government,
- invested with power under this Code.
- appointed to an office:
- equal or higher,
- of same nature,
- within a like local area,
- under the same State Government.
CONSEQUENCE: He shall exercise the same powers in the local area in which he is so appointed,
- unless, the High court or the State Government (as the case may be), may otherwise directs or directed.
SECTION 34: WITHDRAWAL OF POWERS
(1)The High Court or the Stat Government (as the case may be) may withdraw, all or any of the powers, conferred by-
- it, under this Code on any person , or
- any office subordinate to it.
(2)Any powers-
- conferred by:
- the Chief Judicial Magistrate, or
- the District Magistrate,
- may be withdrawn by the respective Magistrates, by whom such powers were conferred.
SECTION 35: POWERS OF JUDGES AND MAGISTRATES EXERCISABLE BY THEIR SUCCESSORS-IN- OFFICE
(1)The powers or duties of a Judge or Magistrate,
- may be exercised or performed by his successor-in-charge,
- subject to other provisions under this Code.
(2)SITUATION: Any doubt, who is successor-in-charge, of any:
- Additional Sessions Judge, or
- Assistant Sessions Judge.
- CONCLUSION: The Sessions Judge-
- for the purpose of this Code or any proceedings or order thereunder,
- by written order,
- shall determine the Judge, who shall be deemed to be such successor-in-charge.
- CONCLUSION: The Sessions Judge-
(3)SITUATION: Any doubt, who is successor-in-charge, of any Magistrate.
- CONCLUSION: The Chief Judicial Magistrate or the District Magistrate (as the case may be)-
- for the purpose of this Code or any proceedings or order thereunder,
- by written order,
- shall determine the Magistrate, who shall be deemed to be such successor-in-charge.
WITH THIS PART, THE ‘CRIMINAL COURTS’ SERIES COMES TO AN END.
Farheen Dhanjal 