Penal Powers of Various Criminal courts in India

There are always two types of Law, one is Procedural Law and another is Substantive Law. The basic difference between the two is that Procedural law prescribes the procedure i.e. what can be done in what way, how it will be done and procedure to be followed to get it done and on the other hand, substantive law prescribes the proper definition of various offences, their ingredients, what are facts and other things.

In India, Indian Penal Code is regarded as the substantive Law and while on the other hand, as the name suggests the Code of Criminal Procedure is regarded as the procedural law.

Section 53 of the IPC explains about the punishments that may be awarded to the offenders if they are held guilty after the conclusion of the Trial and sections 28, 29 of the Code of Criminal Procedure prescribes the sentences which various courts may pass.Both the sections are as under:

28. Sentences which High Courts and Sessions Judges may pass. - (1) A High Court may pass any sentence authorised by law.

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

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 [ten 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 [five 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.

It is interesting to note here, that a magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years and as we were discussing How Jurisdiction of Courts in Criminal cases is determined in India in our previous post.

It can be seen that offence under section 420 of the Indian Penal Code is triable by Magistrate of First class and maximum punishment that can be awarded under the said section is 7 years but by virtue of the section 29 of the CrPC the Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years.

In such cases, if Judicial Magistrate Ist Class is of the view that the accused should be given more punishment than 3 years of imprisonment. In such cases provisions of Section 325 of the Criminal Procedure Code, 1973 are followed.

325. Procedure when Magistrate cannot pass sentence sufficiently severe. - (1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond under Section 106, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate.

(2) When more accused than one are being tried together, and the Magistrate considers it necessary to proceed under sub-section (1), in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate.

(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence, and shall pass such judgment, sentence or order in the case as he thinks fit, and as is according to law.

You may read Section 28, 29 of the Criminal Procedure Code, 1973 to know about the penal powers of various courts in India. However, we have prepared this chart for ready reference. Have a Look. below chart shows Penal Powers of Various courts in India:

Chart showing Penal Powers of Various courts in India