Section 28 CrPC: Sentences High Courts & Sessions Judges Can Pass – Code of Criminal Procedure

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Section 28 CrPC: Sentences High Courts & Sessions Judges Can Pass

1. Code

Section 28 of the Code of Criminal Procedure, 1973 (CrPC) deals with the sentencing powers of High Courts and Sessions Judges in India.

2. Explanation

This section outlines the maximum sentences that these courts can impose for various offenses:

  • High Courts: Can impose any sentence authorized by law for any offense, including the death penalty.
  • Sessions Judges: Can impose any sentence authorized by law for any offense, but are restricted in certain cases. They cannot impose the death penalty, life imprisonment, or imprisonment exceeding 10 years unless specifically authorized by the law for that particular offense.

3. Illustration

Consider a case where a person is found guilty of murder. The law for murder allows for the death penalty, life imprisonment, or imprisonment for a term not less than 10 years. In such a case:

  • A High Court can impose any of the above punishments, including the death penalty.
  • A Sessions Judge, however, cannot impose the death penalty or life imprisonment. They can only impose imprisonment for a term not less than 10 years.

4. Common Questions & Answers

Q: Can a Sessions Judge impose life imprisonment?

A: No, a Sessions Judge cannot impose life imprisonment unless specifically authorized by law for that particular offense.

Q: What is the maximum sentence a Sessions Judge can impose?

A: The maximum sentence a Sessions Judge can impose is 10 years imprisonment unless specifically authorized by law for a particular offense.

Q: Can a High Court impose a sentence that is not authorized by law?

Also Read  Section 352 CrPC: Judges and Magistrates Prohibited from Trying Certain Offences Committed Before Themselves

A: No, no court can impose a sentence that is not authorized by law. This applies to both High Courts and Sessions Judges.

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