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175B083 Mahesh P S   23 January 2021


Powers of Court ( Section 26 to 35 )

1. Courts by which offences are triable (section 26 )

In Indian Penal Code, any offence tried by:

  1. the High Court, or
  2. the Court of Session, or
  3. any other Court  as specified in First schedule

Provided any offence under section 376, section 376A, section 376B, section 376C, section 376D and also section 376E of the Indian Penal Code, tried by a Court with women as judge.

Any offence under any other law, tried by court which stated by that law. If no court stated in the law, then tried by High court or any court as specified in First schedule of the Act.

2. Jurisdiction in the case of juveniles (Section 27)

Any person who is below the age sixteen years is Juveniles. Such person or juvenile exempted from punishment of death or imprisonment for life. Such juvenile cases tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960) or also any other law for the time being in force providing for the treatment, training and also rehabilitation of youthful offenders.

3. Sentences which High Courts and Sessions Judges passes (Section 28)

  • A High Court can pass any sentence authorized by law.
  • A Sessions Judge or Additional Sessions Judge can pass any sentence authorized by law. Death sentence passed by such judge needs prior confirmation of High court.
  • An Assistant Sessions Judge can pass any sentence authorized by law. Other than death sentence, Life imprisonment and also Imprisonment for period of more than 10 years.

4. Sentences which Magistrates may pass ( Section 29)

  • The Court of a Chief Judicial Magistrate may pass any sentence approved by law. Except Death sentence, life imprisonment and also imprisonment for 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.

5.  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( under section 29);
  2. 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.

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.

6. 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 expiration of other. Unless courts directs such punishments run simultaneously.

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

7. Mode of conferring powers ( section 32)

  • The High Courts or the State Government may confer some power on a persons specially by name or in virtue of their offices or classes of officials generally by their official titles.
  • Every such order be effective from the date of appointment of such persons.

8. Powers of officers appointed ( section 33)

The High court or also State government empowers any person holding an office in the service of Government. Such person has powers throughout any local area. He is equal or higher office of the same nature, as like local area under the same State Government. He also exercises the same powers in the local area in which appointed unless directed by High court or State government.

9. Withdrawal of powers ( section 34 )

  • The High Court or also the state Government may withdraw all or any of the powers conferred by it on any person or also by any officer subordinate to it.
  • The Chief Judicial Magistrate or the District Magistrate may withdrawn any power conferred on any person or officer.

10. Powers of Judges and also Magistrates exercisable by their successors-in-office (section 35)

  •  The powers and duties of a Judge or Magistrate may also exercised or performed by his successor-in-office.
  •  The Sessions Judge shall determine by order in writing, the judge who, deemed to be the successor-in-office of such Additional or Assistant Sessions Judge. If only doubt arises about the successor-in-office.
  • The Chief Judicial Magistrate, or the District Magistrate shall determine by order in writing the Magistrate, who, deemed to be the successor-in-office of such Magistrate. If only doubt arises about the Magistrate.

source: near law

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