CHAPTER III - POWER OF COURTS
26. Courts by which offences are triable
Subject
to the other provisions of this Code,—
(a)
any offence under the Indian Penal Code (45 of 1860) may be tried by—
(i)
the High Court, or
(ii)
the Court of Session, or
(iii)
any other Court by which such offence is shown in the First Schedule to be
triable;
(b)
any offence under any other law shall, when any Court is mentioned in this
behalf in such
law,
be tried by such Court and when no Court is so mentioned, may be tried by—
(i)
the High Court, or
(ii)
any other Court by which such offence is shown in the First Schedule to be
triable
STATE AMENDMENT
Uttar Pradesh:
In
section 26 for clause (b), the following clause shall be substituted, namely:—
"(b)
any offence under any other law may be tried—
(i)
when any Court is mentioned in this behalf in such law, by such Court, or by
any Court
superior
in rank to such Court, and
(ii)
when no Court is so mentioned, by any Court by which such offence is shown in
the Fist
Schedule
to be triable, or by any Court superior in rank to such Court"
Vide UP Act 1 of 1984, sec 6 (wef
1-5-1984)
27. Jurisdiction in the case of juveniles
Any
offence not punishable with death or imprisonment for life, committed by any
person who at
the
date when he appears or is brought before the Court is under the age of sixteen
years, may be
tried
by the Court of a Chief Judicial Magistrate, or by any Court specially
empowered under the
Children
Act, 1960 (60 of 1960), or any other law for the time being in force providing
for the
treatment,
training and rehabilitation of youthful offenders
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 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:—
30. Sentence of imprisonment in default of fine
(1)
The Court of a Magistrate may award such term of imprisonment in default of
payment of
fine
as is authorised by law:
Provided
that the term—
(a)
is not in excess of the powers of the Magistrate under section 29;
(b)
shall not, where imprisonment has been awarded as part of the substantive
sentence,
exceed
one-fourth of the term of imprisonment which the Magistrate is competent to
inflict
as punishment for the offence otherwise than as imprisonment in default of
payment
of the fine
(2)
The imprisonment awarded under this section may be in addition to a substantive
sentence of
imprisonment
for the maximum term awardable by the Magistrate under section 29
31. Sentence in cases of conviction of several offences at one
trial
(1)
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), sentence him for such
offences,
to
the several punishments, prescribed therefor which such Court is competent to
inflict; such
punishments
when consisting of imprisonment to commence the one after the expiration of the
other
in such order as the Court may direct, unless the Court directs that such
punishments shall
run
concurrently
(2)
In the case of consecutive sentences, it shall not be necessary for the Court
by reason only of
the
aggregate punishment for the several offences being in excess of the punishment
which it is
competent
to inflict on conviction of a single offence, to send the offender for trial
before a
higher
Court:
Provided
that—
(a)
in no case shall such person be sentenced to imprisonment for a longer period
than
fourteen
years;
(b)
the aggregate punishment shall not exceed twice the amount of punishment which
the
Court
is competent to inflict for a single offence
(3)
For the purpose of appeal by a convicted person, the aggregate of the
consecutive sentences
passed
against him under this section shall be deemed to be a single sentence
32. Mode of conferring powers
(1)
In conferring powers under this Code, the High Courts or the State Government,
as the case
may
be, may, by order, empower persons specially by name or in virtue of their
offices or classes
of
officials generally by their official titles
(2)
Every such order shall take effect from the date on which it is communicated to
the person so
empowered
33. Powers of officers appointed
Whenever
any person holding an office in the service of Government who has been invested
by
the
High Court or the State Government with any powers under this Code throughout
any local
area
is appointed to an equal or higher office of the same nature, within a like
local area under
the
same State Government, he shall, unless the High Court or the State Government,
as the case
may
be, otherwise directs, or has otherwise directed, exercise the same powers in
the local area
in
which he is so appointed
34. Withdrawal of powers
(1)
The High Court or the State Government, as the case may be, may withdraw all or
any of the
powers
conferred by it under this Code on any person or by any officer subordinate to
it
(2)
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
35. Powers of Judges and Magistrates exercisable by their
successors-in-office
(1)
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
(2)
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, for
the
purposes of this Code or of any proceeding or order thereunder, be deemed to be
the
successor-in-office
of such Additional or Assistant Sessions Judge
(3)
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, for the purposes of this Code or of any proceedings
or order
thereunder,
be deemed to be the successor-in-office of such Magistrate
