First Schedule Crpc & Confused.
Querist :
Anonymous
(Querist) 17 June 2011
This query is : Resolved
Code of Criminal Procedure 1973 THE FIRST SCHEDULE
Query: Crpc, 1973 First Schedule says that which of the offence are triable or cognizable by which magistrate. But I have a query in mind after reading the Crpc, 1973 section 29 sub - section (3) Says That The court of a Magistrate of the Second Class may pass a sentence of imprisonment for a term not exceeding one years, or of fine not exceeding One thousand rupees, or both. Right but the First Schedule says that section 295 & 295A are cognizable or triable by any magistrate how it is possible? It should be mentioned only by the First Class or any higher rank in magistrate right.
Also section 29(4)
Chief Metropolitan Magistrate & Metropolitan Magistrate but what are their limits. It has been said that Chief Metropolitan Magistrate has the powers of (“Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class”) so can we say that the offence triable or cognizable by the mentioned magistrate under sub section (1) & (2) of section 29 can be triable by the Chief Metropolitan Magistrate?
Also I would like to known that under session court which magistrate sits for the proceedings.
Also difference between Chief Metropolitan Magistrate & Metropolitan Magistrate because sub section 4 of section 29 uses the word (AND) for the powers given.
The below mentioned for read reference.
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.
Thanks.
PALNITKAR V.V.
(Expert) 18 June 2011
There should not be any confusion at all. Do not mix the two provisions. The first schedule describes which offences triable by whom. it does not mean that it speaks of the minimum or maximum punishment powers of a magistrate or judge. It simply means that the offence is triable by the concerned Magistrate/judge shown in the schedule subject to his powers of punishment.
