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Tag: POWER OF COURTS

POWER OF COURTS

Chapter III of Cr.P.C. deals with power of Courts. One of such power is to try offences. Offences are divided into
two categories:
(a) those under the Indian Penal Code; and
(b) those under any other law.
Any offense under the Indian Penal Code, 1860 may be tried by the High Court, the Court of Session, or any other court by which such offense is shown in the First Schedule to be triable, but any offense under any other law must be tried by the court specified in that law, or the High Court if that court is not specified, or any other court by which such offense is shown in the First Schedule to be triable, as stated in Section 26.

(a) Sentences which High Courts and Sessions Judges may pass
Section 28 states that a High Court may impose any sentence permitted by law. Any legal punishment may be imposed by a Sessions Judge or Additional Sessions Judge, but the High Court must affirm any death sentence imposed by one of these judges.
Any sentence permitted by law may be imposed by an assistant sessions judge, with the exception of the death penalty, life in prison, and sentences exceeding ten years in length.
As a result, Section 26 of the Code lists the different kinds of Courts that can hear cases involving various offenses, and Section 28 of the Code specifies the maximum punishments that these Courts are permitted to impose.

(b) Sentences which Magistrates may pass
Section 29 lays down the quantum of sentence which different categories of Magistrates are empowered to impose. The powers of individual categories of Magistrates to pass the sentence are as under:
(i) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
(ii) A Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years or of a fine not exceeding five thousand rupees, or of both.
(iii) A Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding one thousand rupees, or of both.
(iv) A Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, and the powers of the Court of a Magistrate of the First class.

(c) Sentence of imprisonment in default of fine
Where a fine is imposed on an accused and it is not paid, the law provides that he can be imprisoned for a term in addition to a substantive imprisonment awarded to him, if any. Section 30 defines the limits of Magistrate’s powers to award imprisonment in default of payment of fine. It provides that the Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law provided that the term:
(i) is not in excess of the powers of the Magistrate under Section 29; and
(ii) where imprisonment has been awarded as part of the substantive sentence, it should not exceed 1/4th of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(d) Sentences in cases of conviction of several offences at one trial:
Section 31 relates to the quantum of punishment which the Court is authorised to impose where the accused is convicted of two or more offences at one trial.

Conclusion:

Criminal procedure law is supposed to be an addition to criminal law. Its purpose is to offer a way to enforce the legislation on the books. The Code of Criminal Procedure sets up the required systems for catching offenders, looking into their cases, having them tried in criminal court, and punishing the guilty party appropriately.