THE CODE OF CRIMINAL PROCEDURE, 1973

CONTENTS

CHAPTER III

POWER OF COURTS

26. Courts by which offences are triable

27. Jurisdiction in the case of juveniles

28. Sentences which High Courts and Sessions Judges may pass

29. Sentences which Magistrates may pass

30. Sentence of imprisonment in default of fine

31. Sentence in cases of conviction of several offences at one trial

32. Mode of conferring powers

33. Powers of officers appointed

34. Withdrawal of Powers

35. Powers of Judges and Magistrates exercisable by their successors-in-office

THE CODE OF CRIMINAL PROCEDURE, 1973

CHAPTER III

POWER OF COURTS

26. Courts by which offences are triable. -

Subject to the other provisions of this Code -

(a) Any offence under the Indian Penal Code (45 of 1860) may be tried by-

(i) The High Court, or

(ii) The Court of Session, or

(iii) Any other court by which such offence is shown in the First Schedule to be triable;

(b) Any offence under any other law shall, when any court is mentioned in this behalf in such law, be tried by such court and when no court is so mentioned, may be tried by. -

(i) The High Court, or

(ii) Any other court by which such offence is shown in the First Schedule to be triable.

STATE AMENDMENT

Uttar Pradesh:

In section 26 for clause (b), the following clause shall be substituted, namely: -

(b) Any offence under any other law may be tried-

(i) When any Court is mentioned in this behalf in such law, by such court, or by any court superior in rank to such court, and

(ii) When any court is so mentioned, by any court by which such offence is shown in the First Schedule to be triable, or by any court superior in rank to such court.

[Vide U.P. Act 1 of 1984. sec. 6 (w.e.f. 1-5-1984)].

27. Jurisdiction in the case of juveniles. -

Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the court is under the age of sixteen years, may be tried by the court of' a Chief- Judicial Magistrate, or by any court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.

28. Sentences which High Courts and Sessions Judges may pass. -

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

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised 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 authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

29. Sentences, which Magistrates may pass: -

(1) 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.

(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 five thousand rupees, or both.

(3) The court of 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.

(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.

STATE AMENDMENT

Punjab:

After section 29, the following section shall be inserted, namely: -

“29A. Sentences which Executive Magistrate may puss. - An Executive Magistrate may pass a sentence of imprisonment of a term not exceeding three years or of fine not exceeding five thousand rupees, or both.

[Vide Punjab Act 22 of 1993 (w.e.f. 27-6-1993)].

30. Sentence of imprisonment in default of fine. -

(1) 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-

(a) Is not in excess of the powers of the Magistrate under section 29;

(b) Shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth 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.

(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.

31. Sentence in cases of conviction of several offences at one trial. -

(1) When a person is convicted at one trial of two or more offences, the court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments, prescribed therefore which such court is competent to inflict; such punishments when consisting of imprisonment to
commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishments shall run concurrently.

(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment, which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher court:

Provided that-

(a) In no case shall such person be sentenced to imprisonment for a longer period than fourteen years;

(b) The aggregate punishment shall not exceed twice the amount of punishment, which the court is competent to inflict for a single offence.

(3) For the purpose of 'appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.

32. Mode of conferring powers. –

(1) In conferring powers under this Code, the High Courts or the State Government, as
the case may be, may, by order, empower persons specially by name or in virtue
of their officers or classes of officials generally by their official titles.

(2) Every such order shall take effect from the date on which is communicated to the person so empowered.

33. Powers of officers appointed. -

Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Code throughout any local area is appointed to an equal or higher office of the nature, within a like local area under the same State Government, he shall, unless the High court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

34. Withdrawal of Powers. –

(1) The High Court or the State Government, as the case may be, may withdrawal all or
any of the powers conferred by it under this code on any person or by any
officer subordinate to it.

(2). Any Powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.

35. Powers of Judge and Magistrates exercisable by their successors-in-office: -

(1) Subject to the other provisions of this Code, the powers and duties of a Judge or
Magistrate may be exercised or performed by his successor-in-office.

(2) When there is any doubt as to who is the successor-in-office of any Additional or Assistant Session Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceeding or order there under, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge.

(3) When there is any doubt as to that is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may by, shall determine by order in writing the Magistrate who shall, for the purposes of this Code or of any proceeding or order thereunder, be deemed the successor-in-office of such Magistrate.