POWERS OF THE COURTS

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-Description of the offences cognizable by high court.

(A)by the high court

(b)by the court of session

(c)by any other court which such offences is shown in the eight column of the second schedule to be triable

ILLUSTRATION

(1):-Subject to the (other provision of code )any offences under any law shall when any court is mentioned in this behalf is such law be tried by such court

(2):-any offence other than one punishable with death or transportation for life committed by any person who at the date when he appear is brought before the court is under the age of fifteen years may be tried by the magistrate or by any magistrate specially empowered (provisional government )to exercise the powers conferred by the section 8 sub section(1) of the reformatory school act 1897or in any area in which the said act has been wholly or partly repealed by any other law providing for the custody trial and punishment of youthful offender by any magistrate empowered by or under such to exercise all or any of the powers conferred thereby.

Sentence which may be passed by the court of various classes

31(1)A High court may pass any sentence authorized by law.

(2)A Session Judge or Addional Session Judge may pass any sentence authorized by law ;but any sentence of death passed by any such judge shall be subject to conformation by the High Court .

(3)An assistant Session Judge may any sentence authorized by law ,except a sentence of death or of* * * * imprisonment for a term exceeding seven years.

32-(1)The Court of Magistrate may pass the following sentences

Court of Magistrate of First Class

(a)imprisonment exceeding three years including such solitary confinement as is authorized by law fine not exceeding fifteen thousand rupees; whipping.

(b)Court of the Magistrate of the second class

{imprisonment for a term not exceeding one year including such solitary confinement as is authorized by law ;

Fine not exceeding five thousand rupees;

Courts of Magistrate for a term not exceeding one month;

Fine not exceeding one thousand rupees;

(2)-The court of any Magistrate may pass any lawful sentence ;combining any of the sentences which it is authorized by law to pass .

Power of the Magistrate to sentences to imprisonment in default of fine

(33)-The Court of Magistrate may award such terms of imprisonment in default or payment of fine as is authorized by law in case of such default:

Proviso as to certain cases

provided that-

(a)-the term is not excess of the Magistrate ‘s powers under this Code ;

(b)-in any case decided by a Magistrate where imprisonment has been awarded as part of the substantive sentence, the period of imprisonment awarded in default of payment of the fine shall not exceed one -forth of the period of the imprisonment which such Magistrate is competent to inflict as punishment for the offence otherwise than as the imprisonment in default of payment the fine.

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