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Monday, 25 May 2020

Section 29 of Code of criminal Procedure



29. 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 [ten] thousand rupees, or of both.

(3) The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding [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.

Notes on Clauses to 2005 Amendment ► This clause seeks to amend Section 29 of the Code to enhance the sentencing power of the Magistrate of the First Class to impose fine from five thousand rupees up to twenty-five thousand rupees and Magistrate of the Second Class from one thousand rupees up to five thousand rupees. This is being proposed keeping in view the depreciation of the value of the rupee since 1973 and to make the provision more deterrent.

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