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BNSS, 2023
Start Practicing
BNSSChapter IIISection 23
Section23

Sentences which Magistrates may pass

AI Assist

Summary

A Chief Judicial Magistrate may impose any lawful sentence except death, life imprisonment, or imprisonment exceeding seven years. A First Class Magistrate can sentence up to three years, a fine up to Rs 50,000, both, or order community service. A Second Class Magistrate can sentence up to one year, a fine up to Rs 10,000, both, or order community service; community service is unpaid work ordered by the court for public benefit.

Example

Priya is convicted by a First Class Magistrate for shoplifting. The magistrate cannot sentence her to more than three years or fine her over Rs 50,000, so the court orders community service instead of imprisonment.

Bare Act

Enacted text

(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.

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III

Chapter III

Power of Courts

In this chapter

  • 21Courts by which offences are triable
  • 22Sentences which High Courts and Sessions Judges may pass
  • 23Sentences which Magistrates may pass
  • 24Sentence of imprisonment in default of fine
  • 25Sentence in cases of conviction of several offences at one trial
  • 26Mode of Conferring powers
  • 27Powers of Officers appointed
  • 28Withdrawal of powers
  • 29Powers of Judges and Magistrates exercisable by their successors-inoffice
Previous · Section 22Sentences which High Courts and Sessions Judges may passNext · Section 24Sentence of imprisonment in default of fine