CHAPTER III
POWER OF COURTS
21. Courts by which offences are triable: –
Subject to the other provisions of this Sanhita,-
(a) Any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by –
(i) The High Court, or
(ii) The Court of Session; or
(iii) Any other Court by which such offence is shown in the First Schedule to be triable:
Provided that any offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, or section 71the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as practicable by a Court presided over by a woman;
(b) Any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by-
(i) The High Court; or
(ii) any other Court by which such offence is shown in the first Schedule to be triable.
COMMENT
Section 21 relates to court by which offences are triable.
It provides any offence may be tried by the High Court, or the Court of Session, or any other Court by which such offence is shown in the first Schedule to be triable.
CORRESPONDING OLD LAW
This section corresponds to section 26 of criminal Procedure Code 1973
22. Sentences which High Courts and Sessions Judges may pass: –
(1) A High Court may pass any sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such judge shall be subject to confirmation by the High Court.
COMMENT
Section 22 relates to sentences High Courts and Sessions Judges may pass.
It provides that High Court may pass any sentence authorised by law. A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High court.
CORRESPONDING OLD LAW
This section corresponds to section 28 of criminal Procedure Code 1973.
23. Sentences which Magistrates may pass: –
(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 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 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.
COMMENT
Section 23 relates to sentences which Magistrates may pass.
It provides the Judicial Magistrate of the first class may pass a sentence imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both or of community service.
It further explains the term “community service”.
CORRESPONDING OLD LAW
This section corresponds to section 29 of criminal Procedure Code 1973.
24. Sentence of imprisonment in default of fine : –
(1) The Court of a Magistrate may award such term of imprisonment in default of payment fine as is authorised by law:
Provided that the term-
(a) is not in excess of the powers of the Magistrate under section 23,
(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23.
COMMENT
Section 24 relates to sentence of imprisonment in default of fine.
CORRESPONDING OLD LAW
This section corresponds to section 30 of criminal Procedure Code 1973.
25. Sentence in cases of conviction of several offences at one trial : –
(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provision of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefore which such Court is competent to inflict and the Court shall considering the gravity of offences, order such punishment to run concurrently or consecutively.
(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher court:
Provided that-
(a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years;
(b) The aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.
(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.
COMMENT
Section 25 relates to sentence in cases of conviction of several offences at one trial.
It provides that the court shall, considering the gravity of offences, order such punishment to run concurrently or consecutively.
CORRESPONDING OLD LAW
This section corresponds to section 31 of criminal Procedure Code 1973.
26. Mode of Conferring powers : –
(1) In conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles.
(2) Every such order shall take effect from the date on which it is communicated the person so empowered.
COMMENT
Section 26 relates to mode of conferring powers.
It provides the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles.
CORRESPONDING OLD LAW
This section corresponds to section 32 of criminal Procedure Code 1973.
27. Powers of officers appointed : –
Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Sanhita throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government, he shall, unless the High Court or the state Government, as case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.
COMMENT
Section 27 relates to powers of officers appointed
CORRESPONDING OLD LAW
This section corresponds to section 33 of criminal Procedure Code 1973.
28. Withdrawl of powers : –
(1) the High Court or the State Government as the case may be, may withdraw all or any of the powers conferred by it under this Sanhita on any person or by any officer subordinate to it.
(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.
COMMENT
Section 28 relates to withdrawal of powers.
It provides the High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred o any person or by any officer subordinate to it.
CORRESPONDING OLD LAW
This section corresponds to section 34 of criminal Procedure Code 1973.
29. Powers of Judges and Magistrates exercisable by their successors-in-office: –
(1) Subject to the other provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.
(2) When there is any doubt as to who is the successor-in-office, the sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Sanhita or of any proceedings or order there under, be deemed to be the successor-in-office.
(3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by, shall determine by order in writing the Magistrate who shall, for the purpose of this Sanhita or of any proceedings or order there under be deemed to be the successor-in-office of such Magistrate.
COMMENT
Section 29 relates to powers of Judges and Magistrates exercisable by their successors-in-office.
CORRESPONDING OLD LAW
This section corresponds to section 35 of criminal Procedure Code 1973.
