POWER OF COURTS

Sentences which Magistrates may pass.

§29

Summary

(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 1[ten thousand rupees], or of both. (3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding 2[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. STATE AMENDMENTS Manipur In section 29 of the Code, after sub-section (2), the following sub-section shall be added, namely"-- "(2A) The Court of a Specified Executive Magistrate may pass a sentence of imprisonment for a term not exceeding two years, or of fine not exceeding two thousand rupees, or of both.". [Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] Maharashtra Amendment of section 29 of Act 2 of 1974.--In section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra,-- (a) in sub-section (2), for the words "ten thousand rupees" the words "fifty thousand rupees" shall be substituted; (b) in sub-section (3), for the words "five thousand rupees" the words "ten thousand rupees" shall be substituted. [Vide Maharashtra Act 27 of 2007, s. 2] Arunachal Pradesh Amendment of section 29.--In section 29 of the principal Act (i) in sub-section (2), for the words "ten thousand rupees" the words "one lakh rupees" shall be substituted. (i) in sub-section (3), for the words "five thousand rupees", the words twenty five thousand rupees shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 12]

(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 1[ten thousand rupees], or of both. (3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding 2[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. STATE AMENDMENTS Manipur In section 29 of the Code, after sub-section (2), the following sub-section shall be added, namely"-- "(2A) The Court of a Specified Executive Magistrate may pass a sentence of imprisonment for a term not exceeding two years, or of fine not exceeding two thousand rupees, or of both.". [Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] Maharashtra Amendment of section 29 of Act 2 of 1974.--In section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra,-- (a) in sub-section (2), for the words "ten thousand rupees" the words "fifty thousand rupees" shall be substituted; (b) in sub-section (3), for the words "five thousand rupees" the words "ten thousand rupees" shall be substituted. [Vide Maharashtra Act 27 of 2007, s. 2] Arunachal Pradesh Amendment of section 29.--In section 29 of the principal Act (i) in sub-section (2), for the words "ten thousand rupees" the words "one lakh rupees" shall be substituted. (i) in sub-section (3), for the words "five thousand rupees", the words twenty five thousand rupees shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 12]

Footnotes

1. Subs. by Act 25 of 2005, s. 5, for "five thousand rupees" (w.e.f. 23-6-2006).
2. Subs. by s. 5, ibid., for "one thousand rupees" (w.e.f. 23-6-2006)

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