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CrPC, 1973
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CrPCChapter IIISection 28
Section28

Sentences which High Courts and Sessions Judges may pass

AI Assist

Summary

A High Court can impose any sentence authorised by law. A Sessions Judge or Additional Sessions Judge may also pass any lawful sentence, but any death sentence they impose must be confirmed by the High Court. An Assistant Sessions Judge may impose any lawful sentence except death, life imprisonment, or imprisonment for more than ten years.

Example

Rohan is convicted of murder by a Sessions Judge and sentenced to death; that death sentence must be confirmed by the High Court before it can be carried out. If the same case had been tried by an Assistant Sessions Judge, that judge could not have imposed death, life imprisonment, or a term exceeding ten years.

Bare Act

Enacted text

(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.

(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

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III

Chapter III

Power Of Courts

In this chapter

  • 26Courts by which offences are triable
  • 27Jurisdiction in the case of juveniles
  • 28Sentences which High Courts and Sessions Judges may pass
  • 29Sentences which Magistrates may pass
  • 30Sentence of imprisonment in default of fine
  • 31Sentence in cases of conviction of several offences at one trial
  • 32Mode of conferring powers
  • 33Powers of officers appointed
  • 34Withdrawal of powers
  • 35Powers of Judges and Magistrates exercisable by their successors-in-office
Previous · Section 27Jurisdiction in the case of juvenilesNext · Section 29Sentences which Magistrates may pass