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ranu hts rawal   29 July 2020

conviction by judicial magistrate

can judicial magistrate give life convictions u/s 326 ipc


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 1 Replies

Nihal Thareja   29 July 2020

Hello,

Section 29 of the Code of Criminal Procedure conveys the following powers on the Magistrates to convict the offenders:

  • The Court of a Chief Judicial Magistrate may pass any sentence approved by law. Except for Death sentence, life imprisonment and also imprisonment for a term more than seven years.
  • A Magistrate of the first class may pass a sentence of imprisonment for a term not more than three years. Also, fine not exceeding or both.
  • The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not more than one year. Fine not exceeding five thousand rupees, or of both.
  • The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and also that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

Section 30 conveys such powers to the Court of a Magistrate for a term of imprisonment in default of payment of a fine which 

  • Does not exceed the powers of the Magistrate( under section 29)
  • Shall not exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict. Only if imprisonment awarded, part of the substantive sentence as punishment for the offence.

Section 31 conveys sentence in cases of conviction of several offences at one trial and in no case, the imprisonment can exceed a term of 14 years. 

 

Hope I was able to solve your query
Regards
Nihal


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