User:Jatin.lamba/Powers of the Courts of Criminal Jurisdiction

Sentences which the High Court and Sessions Judges may pass (Section 28 Cr. P.C)

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

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

Sentences which Magistrate may pass (Section 29 Cr. P.C)

(1) The Court of a Chief Judicial Magistrate may pass any sentence authorized 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 sentence of imprisonment for a term not exceeding three years, or of fine not exceeding five thousand rupees, or of 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 Magistrate of the first class.

Power of Magistrate to award sentence of imprisonment in case of default of payment of fine (Section 30 Cr. P.C.)

A Magistrate may award sentence of imprisonment in default of payment of fine but there are two limitations on his powers:

(1) Such imprisonment is not in excess of the powers of a Magistrate under section 29.

(2) Such imprisonment is not in excess of the one-fourth of the period which the Magistrate is competent to inflict as a substantive sentence.