Which court may pass sentences upto what extent under Crpc?

Every Court has some jurisdictions, like the Supreme Court can provide any sentence as prescribed by the law in the same way the High Court under Section 28 (1) of Code of Criminal Procedure (Crpc) can provide any sentence as prescribed by the law.

Here we’ll discuss the jurisdiction to give sentences by Criminal Court.

 

Court of session ( Section 9 of CrPC)

 

The Court of Session is also known as Session Court and the judge of Session Court (Session Judge) is the head in the district, the judicial magistrates and chief Judicial Magistrates subordinates with him while he subordinates with the High Court.

Here, Session Judge and Additional Session Judge under Section 28 (2) of Code of Criminal Procedure (Crpc) can provide any sentence authorised by law but he needs to refer to the High Court for the confirmation of death sentences.

Assistant Session Judge under Section 28(3) of Code of Criminal Procedure can provide any sentence except capital punishment or imprisonment for life or imprisonment exceeding 10 years.

Court of Judicial Magistrate ( Section 11 of Code of Criminal Procedure)

 

Chief Judicial Magistrate (section 12 of Code of Criminal Procedure) is the head of judicial magistrate and appointed from Judicial Magistrate first class. Chief Judicial Magistrate (CJM) subordinates with the Session Judge while judicial magistrates subordinate with him.

Chief Judicial Magistrate under section 29(1) read with 29(4) of Code of Criminal Procedure can provide sentence which is not exceeding 7 years of imprisonment.

The same goes with Metropolitan Judicial Magistrate( Section 16 of Code of Criminal Procedure). However CJM & Metropolitan Judicial Magistrate can fine unlimited ( need to be reasonable).

 

Here, we need to understand that Judicial Magistrate are of two types – Judicial Magistrate first class and Judicial Magistrate second class. Judicial magistrate first class has more power and authority in comparison to second class.

Judicial magistrate first class under Section 29(2) read with section 29(4) of Code of Criminal Procedure can provide sentence not exceeding 3 years or fine upto 5,000 or both.

Judicial Magistrate second class under Section 29(3) read with section 29(4) of Code of Criminal Procedure can provide sentence not exceeding 1 years, fine or both.

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