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 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]
Explanation:
This section outlines the maximum punishments that different types of Magistrates can impose:
- First-Class Judicial Magistrate: Can impose imprisonment up to 3 years or a fine, or both.
- Second-Class Judicial Magistrate: Can impose imprisonment up to 1 year or a fine, or both.
- Third-Class Judicial Magistrate: Can only impose a fine.
- Metropolitan Magistrate: Same powers as a First-Class Judicial Magistrate.
- Special Judicial Magistrate: Their powers are specified in the order appointing them.
It’s important to note that these are maximum limits. The actual sentence imposed by a Magistrate will depend on the specific facts and circumstances of the case.
Illustration:
Suppose a person is convicted of theft by a First-Class Judicial Magistrate. The Magistrate can sentence the person to a maximum of 3 years imprisonment and/or a fine, depending on the seriousness of the offense.
Common Questions and Answers:
Q: Can a First-Class Judicial Magistrate impose a sentence exceeding 3 years?
A: No, Section 29 explicitly limits their sentencing power to 3 years of imprisonment.
Q: What happens if the sentence exceeds the Magistrate’s power?
A: In such cases, the Magistrate can commit the accused to a higher court for sentencing.
Q: Can a Magistrate impose a sentence of death?
A: No, only the Sessions Court and the High Court have the authority to impose the death penalty.
