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S L Chowdhary (Individual)     19 October 2011

Powers of courts

as per sec 29.1 CrPC , court of cjm may not pass sentence exceeding 7 years.

then how cjm or magistrate of first class can try a case which carry sentence of more than 7 years?

is it not an anomaly.
 



Learning

 6 Replies

M.Sheik Mohammed Ali (advocate)     19 October 2011

he can pass 7 years imprisonment with confirmation from High Court.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 October 2011

Dear Chowdhary

read it all things will be cleared

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)].

samuel singh (self)     19 October 2011

they can not try for more than 7 year.what is written is anomaly and confusion.

S L Chowdhary (Individual)     20 October 2011

Any ruling/order/judgment on this anomaly ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

It is the law buddy. No citations are needed.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

S L Chowdhary (Individual)     20 October 2011

Thanks Mr. Shonee Kapoor for your response.

I am not a student of law.

I am not able to see why a court, which can only award a sentence not exceeding 7 years, shal hold trial for a crime which carry sentence exceeding 7 years.


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