Code:
(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 fifty thousand rupees, or of both, or of community service.
(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 ten thousand rupees, or of both, or of community service.
Explanation.—”Community service” shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.
Explanation:
This section of the Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines the sentencing powers of different types of Magistrates in India.
- Chief Judicial Magistrate (CJM): The CJM has the widest sentencing powers but cannot impose the death penalty, life imprisonment, or imprisonment exceeding seven years.
- Magistrate of the First Class: This Magistrate can impose imprisonment up to three years, a fine up to ₹50,000, or both, or community service.
- Magistrate of the Second Class: This Magistrate can impose imprisonment up to one year, a fine up to ₹10,000, or both, or community service.
The explanation clarifies that “community service” is a form of punishment that benefits the community. It does not provide any remuneration to the convict.
Illustration:
Let’s say someone is convicted of theft by a Magistrate of the First Class. The Magistrate can sentence the individual to:
- Imprisonment for a term not exceeding three years
- A fine not exceeding ₹50,000
- Both imprisonment and fine
- Community service
Common Questions and Answers: on Sentences Which Magistrates Pass
Q: What happens if the Magistrate exceeds their sentencing powers?
A: Such a sentence would be illegal and can be challenged in a higher court.
Q: Can the court impose community service on a person convicted of a serious crime?
A: Yes, community service can be imposed as a sentence for any crime within the Magistrate’s jurisdiction.
Q: What types of work can be considered community service?
A: Community service can include activities like cleaning public spaces, assisting at a local charity. It also includes working in a government program.
