ing this sysiem to aif wegeeen, Put In charge’ of the prosecution’ agency WO, ofthe prosecuting agen reser in the State will compromise on the independence’ andi 4 . ere Committee that the syste oe Dorn implement the recommendation of the Malimath courts in all States, It is, thus, led by a police officer should be extended to alll prosecutors ‘are ‘not made neco Suggested that the Government should extended to all courts it shear be ase Home Ministry and that if the DoP. is *\ CHAPTER I, a POWER OF CouRTg” ‘ * Courts by which Offences are Trial ffences are divided into two. Categories, viz. offe is ‘offences under any other law. The offen ~ Offences under the Indian Penal Code and y €s under the LP.C, are triable by the High Court, so" of Session or any other Court shown-in the First Schedule to this Code {Sec. ayy ble [Secs. 26-27] ch ssions Court if the offence is such that it cannot be adequately punished by the Magistrate, 7 t (es 26(b) lays down that ‘any offence under any other law’ shall, when any court is-méntioned in this behalf in such law, be tried by such court;-when no-such court is: j mentioned, it may be tried by the High Court, or any other court shown in the First Schedule to this Code. Thus, the High Court cannot straightway take cognizance of an offence and try the accused, instead it has to follow the procedure prescribed by the Code 7 [Harish Chandra v Kavindra Narain’ ATR 1936 ‘All 830]. If a case is ‘registered in a Magistrate’s Court, and the accused is charged with some offences triable exclusively by a Magistrate and other offences triable exclusively'by a Sessions Court, ‘the case cannot be'split up, and the entire case shotild be’ committed. to the Sessions Court (State v ut an offence. is shown, in the agistrate it can be tried by Se Shyamal, 1983 CrLJ 40 (Cal)]..) °° " be In cases of Special Court (Economic Offences) presided by a Judicial! Magistrate of First Class and having jurisdiction to try offences under the IPC, ithas to be seen whether the statute specifically mentions about its establishment and es or us [Deputy Chief Controller of Imports and Exports v Roshan Lal Agrawal (2 a ) Cr 1698 (Sc)],| 30 Criminal Procedure Code Amendment of Sec: 26 (Rape cases to be triable by a Court presided over by a women) i i 108 Amendment), namely- In Sec. 26(a), following proviso has been inserted oy the 2 mata the dion Paci “Provided that any offence under Sec. 376 and Sec. MT ra woman." Code shall be tried as far as practicable by a Court preside neha The proviso amends Sec. 26 relating to Courts by which offences are triable. It is in favour of victims (women) of sexual offences. . 2013 Amendment: In Sec, 26(a), for the words, figures and letters offence unice See. 316 and Sec. 376-A to 376-D of the Indian Penal Code”, the words, figures an‘ He rs lfeaes under Sec. 376, Sec. 376A, Sec. 376B, Sec. 376C, Sec. 376D or Sec. 376E of the Indian Pe Code” shall be substituted. : Sec. 27 lays down tKai any offence (except those punishable with death or life imprisonment) committed by a juvenile offender (i.e. a person below the age of 16 years) may be tried by the Court of Chief Judicial Magistrate or by any court specially empowered under the Children Act, 1960, or any. other law for the time being in force relating to youthful offenders. The age of 16 years is taken into account on the date an offender either appears or is brought before the con) Sentences which the Courts May Pass!?[Secs. 28-31] L—@ High Court — Any sentence authorized by law [Sec. 28(1)]. <—©@) Sessions Judge! Additional Sessions Judge - Any sentence authorized by law; but a sentence of death is subject to confirmation by the High Court [Sec. 28(2)], 12. What sentences can be passed by Magistrates in criminal cases? ‘ [U.P PCS (J) 1984 To what extent a Chief Judicial Magistrate can pass a sentence? 7 t [Raj JS. 1989/1992] ‘What sentence can be awarded by a Sessions Judge? [Raj JS. 1992/1994) An accused ‘A’ is tried for the offence (4); IPC. On convietion, what maximum can be inflicted’ by punishable under Secs, 420, 468, 471, 477 wh term of sentence of im risoni Judicial Magistrate First Class? " MP ny 00a ieee 8. Mark the Incorrect Statement: (2). The Chief Judi (b) The Chief Met a The Executive 23." Whien Sec ordinate to Court of Session. Cod State Governm © Provides that, for every 14; High court "°"* Shall appoint Public Proséeurreoe Court, the Central (a) Sec. 24, 'S, after consulting the mma oe )Cc riminal’ Procedure’ Gode a ue Assistant Sessions Judge — of death or life- Any sentence authorized by law, except a sentence ‘impris Ss a) Chief Judicial spina or imprisonment exceeding 10 years [Sec. 28(3)]. et 3 fagistratel Chief Metropolitan Magistrate - Any sentence authorized by law, exce; , except a sent fee pane a be exceeding 7 years [Sec, 200 OE death or Lie lnpisonment OF REDS on Cer Fest Chass Magtitate Metropolitan Magistrate - Any sentence of imprisonment 1g 3 years, or of fine not exceeding Rs. 10,000, or both [Sec. 29(2)]. [Note: Sec. 29(2) has been amended by the CrP.C, Amendment Act, 2005 to enhance the senses power of the First Class Magistrate to impose fine from Rs. 5,000 to Rs. Po Second Class Magistrate - Any sentence of imprisonment not exceeding | year, or of fine not exceeding Rs. 5,000, or both [Sec. 29(3)]. ‘ [Note: Sec. 29(3) has been amended by the CrP.C. Amendment Act, 2005.to enhance, the sentencing power of the Second Class Magistrate from Rs. 1,000 to Rs. 5,000.] . These limits show the maximum. sentence which can be passed by a court; they have nothing to do with the maximum penalty provided for an individual offence. Power of the appellate court (viz. High Court) to pass “any sentence” must be measured by the power of the court from whose judgment an appeal has, been brought before it Jagat Bahadur v State AIR 1966 SC 945]. There is a limit to the power of Magistrate to award fines, but the powers of a Sessions Court/ High Court are “unlimited”, though the fines cannot be excessive. Sentencing is always .a matter of judicial, discretion subject, to any mandatory minimum prescribed by law. It has been held that a long passage of time would not justify minimal sentence in all cases and cannot become.a universal application, The court has to award proper sentence having regard to the nature of offence and the manner of its hy to impose inadequate sentence would do more harm to the commission. Undue sympall s justice system and undermine the public confidence in the efficacy of law [State of M.P. v Ghanshyam Singh (2003) CrLJ 4339 (SC)]. i ‘thin the limits prescribed by Sec. 29. He may ‘A Magistrate can pass a sentence within tl ‘ | try. & cass wherefor a punishment more than. what he can award is prescribed but in such a case he cannot award a punishment more than what he is empowered ie However, if he feels that the accused deserves more severe punishment, he can take recourse to Sec. 325 and forward the accused to CJM. Sentence of Imprisonment in Default of Fine ae i i ther Where a fine is imposed on the accused, and it is not eid ne Se ee s raph 5 - rded. Sec. . Fn is eae in addition to the one already awarded. Sch" 1 nat such