Power of courts under section 26-35 CrPC

INTRODUCTION

The heading ‘Power of the Courts’ is being dealt under Chapter III of the Code of Criminal Procedure(hereinafter referred to as CrPC)  from sections 26-35. The power of the court here means the competency of the court to deal with the cases alongwith with the question of its jurisdiction.

Section 26 talks about the courts who can try cases under the Indian Penal Code. It says that any offence under IPC can be tried by

  • The High Court
  • The Court of Session
  • Any other court where the offence is under the first schedule

But where the cases of IPC fall under sections 376, 376A, 376B, 376C, 376D or 376E shall be tried by the court presided over by the women.

Section 27 talks about the jurisdiction of the courts in cases of juveniles. Any offence is committed by a child of below sixteen years of age not being punishable with death or life imprisonment then the case may be tried by the Chief Judicial Magistrate or  any court specifically designed or thr juveniles.

Section 28 defines the term of sentence which z court may pass.

  • Sessions and additional sessions may pass any sentence but if passed a death sentence then should be confirmed by the High Court.
  • Assistant Sessions Judge can pass any sentence except death sentence, life imprisonment or imprisonment for more than 10 years

Section 29 lays down the sentence to be passed by the Magistrates.

  • Chief Judicial Magistrate can pass any sentence except death, life imprisonment or imprisonment for more than 7 years
  • Judicial magistrate of first class can pass sentence of not more than 3 years and fine not more than 10,000rupees
  • Judicial magistrate second class can pass sentence of not more than 1 year and fine not more than 5,000rupees
  • Chief Metropolitan magistrate have same powers as chief judicial magistrate.

Section 30 lays down what would be the imprisonment in default of fine. The imprisonment would be as such authorized by the law. Provided the powers should not be more than the competency of the magistrates as under section 29.

And if the imprisonment is given for a substantive term then the imprisonment should not exceed one-fourth of the magistrates power to punish.

Section 31 says where a person is convicted for several offences in one trial and the punishments would run one after another then the punishment would run concurrently .

In case of consecutive sentences, the aggregate should not be more than 14 years or the aggregate should not exceed twice the amount of punishment which court is competent to inflict.

Section 34 talks about withdrawal of powers. The State Government or the High Court may withdraw their powers by order on any person or officer subordinate to it whereas in case of Chief Judicial Magistrate or by District Judge may be withdrawn respectively.

Section 35 says the successors in office of the judges and magistrates may be exercised by them.

 

 

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