Chapter III
Power of Courts
Section 26: Courts by which offences are triable
Any offence under the Indian Penal Code may be tried
by-the High Court, or
the Court of Session, or
any other Court by which such offence is shown in the
First Schedule to be triable
:
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Provided:
Any offence under section 376, section 376A, section
376AB, section 376B, section 376C, section 376D, section
376DA, 376DB] or section 376E of the Indian Penal Code (45
of 1860)] shall be tried as far as practicable by a Court
presided over by a woman].
When no Court is so mentioned then any offence under
any other law, may be tried by—
the High Court, or
Any other Court by which such offence is shown in the
First Schedule to be triable.
Section 27: Jurisdiction in the case of juveniles
Any person who is-
age of sixteen years at the date when he appears or is
brought before the Court,
punishable with any offence other than death or
imprisonment for life, may be tried by-
The Court of a Chief Judicial Magistrate,
Any Court specially empowered under the Children
Act, 1960,
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Any other law for the time being in force providing for
the treatment, training and rehabilitation of youthful
offenders.
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Section 28: Sentences which High Courts and Sessions
Judges may pass
A High Court may pass any sentence authorized by law.
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.
An Assistant Sessions Judge may pass any sentence
authorized by law except a sentence of death or of
imprisonment for life or of imprisonment for a term
exceeding ten years.
State of Madhya Pradesh v. Ghanshyam Singh
(2003) Cri.L.J. 4339 (S.C.)
Held:
A long delay in a case does not automatically justify 4
a lighter sentence.
Just because a case has been pending for a long
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Section 29: Sentences which Magistrates may pass
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
Imprisonment for a term exceeding seven years.
The Court of a Magistrate of the first class may-
Pass a sentence of imprisonment for a term not
exceeding three years, or
Fine not exceeding [ten thousand rupees], or both.
The Court of Magistrate of the second class may-
Pass a sentence of imprisonment for a term not
exceeding one year, or
Fine not exceeding [five thousand rupees], or both.
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.
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Section 30:
Sentence of
imprisonment
in default of
fine
The Court of
a
Magistrate
may award
such term
of
imprisonme
nt in default
of payment
of fine as is
authorized
by law,
provided
that the
term—
is not in
excess of
the
powers of
the 7
Magistrat
e under
Section Bashiruddin
31: Ashraaf v. State of Bihar
Sentence in A.I.R. 1957 S.C. 645
cases
Held: of
conviction
In caseofof an offence is punishable by fine if any
several
default of payment of fine occurs, imposition of
offences
simple atimprisonment for any such default will be
one trial.
justified under this section.
When a
person is
convicted at
one trial of
two or
more
offences,
the Court
may,
subject to
the
provisions
of Section
71 of the
Indian Penal
Code (45 of
1860), 8
Sentence
the
Muthuramalingam v. State
2016 Cr. L.J. 4165 (4169) SC
Held-
Multiple life sentences cannot run consecutively.
Life sentences are superimposed over each other.
Remission or commutation granted for one life
sentence does not automatically apply to the other
sentences.
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Section 32: Mode of conferring powers.
When conferring powers under this Code:
The High Court or the State
Government, may empower persons
especially by name or by the official
titles of them.
Every such order shall take effect
from the date on which it is
communicated to the empowered
person.
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Section 33: Powers of officers appointed
If a government officer with powers under this Code is
appointed to an equal or higher office in a similar local
area-
They will continue to exercise the same powers in the
new local area.
This applies unless the High Court or State Government
directs otherwise.
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Section 34: Withdrawal of powers.
The High Court or the State Government, as the case may
be withdraw all or any of the powers conferred by it
under this Code on any person or by any officer
subordinate to it.
Any powers conferred by the Chief Judicial Magistrate or
by the District Magistrate may be withdrawn by the
respective Magistrate by whom such powers were
conferred.
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Section 35: Powers of Judges and Magistrates exercisable
by their successors-in-office.
Subject to the other provisions of this Code, the powers
and duties of a Judge or Magistrate may be exercised or
performed by his successor-in-office.
When there is any doubt as to who is the successor-in-
office of any Additional or Assistant Sessions Judge-
The Sessions Judge shall determine by order in writing,
the Judge who shall be the successor-in-office of such
Additional or Assistant Sessions Judge.
When there is any doubt as to who is the successor-in
office of any Magistrate-
The Chief Judicial Magistrate, or the District Magistrate,
as the case may be, shall determine by order in writing
the Magistrate who shall be the successor-in-office of
such Magistrate.
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