Describe the Powers of Criminal Courts regarding the sentences which they may pass under Cr.P.C.

Question: Describe the Powers of Criminal Courts regarding the sentences which they may pass under Cr.P.C. [UP C.J. 2016]

Find the answer to the mains question only on Legal Bites. [Describe the Powers of Criminal Courts regarding the sentences which they may pass under Cr.P.C.]

Answer

Powers of Criminal Courts regarding the sentences have been dealt under two heads:

1. Sentences which High Courts and Sessions Judges may pass
2. Sentences which Magistrates may pass

Sentences which High Courts and Sessions Judges may pass (Section 28) -

(1) A High Court may pass any sentence authorized by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law, but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

(3) An Assistant Sessions Judge may pass any sentence authorized by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

Sentences which Magistrates may pass (Section 29) -

(1) The Court of a Chief Judicial Magistrate may pass any sentence authorized by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.

(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or of both.

(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both.

(4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

Sentence of imprisonment in default of fine (Section 30) -

The Court of a Magistrate may sentence such term of imprisonment in default of payment of fine as specified by law.

Provided the term:

1. does not exceed the powers of the Magistrate (Section 29);
2. shall not exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict. Only if imprisonment is awarded, part of the substantive sentence as punishment for the offence.

The imprisonment sentenced under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.

Sentence in cases of conviction of several offences at one trial (Section 31) -

When a person is convicted for two or more offences, the Court may sentence him for such offence in one trial. The court may also give several punishments. Such sentences of imprisonment may commence after the expiration of others. Unless courts direct such punishments run simultaneously.

In the case of succeeding sentences, it is not necessary for the Court to send the offender before the High Court. If the aggregate punishment for several offences exceeds the power of the court to inflict the punishment for a single offence.

Provided that:

1. in no case, imprisonment should exceed the term of fourteen years;
2. the aggregate punishment also shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.

For appeal, the aggregate punishment passed against him under this section assumed as a single sentence.

Important Mains/Long Questions for Judiciary, APO & University Exams

1. CRPC Mains Questions Series Part I: Important Questions
2. CRPC Mains Questions Series Part II: Important Questions
3. CRPC Mains Questions Series Part III: Important Questions
4. CRPC Mains Questions Series Part IV: Important Questions
5. CRPC Mains Questions Series Part V: Important Questions
6. CRPC Mains Questions Series Part VI: Important Questions
7. CRPC Mains Questions Series Part VII: Important Questions
8. CRPC Mains Questions Series Part VIII: Important Questions
9. CRPC Mains Questions Series Part IX: Important Questions
10. CRPC Mains Questions Series Part X: Important Questions
11. CRPC Mains Questions Series Part XI: Important Questions