Crpc sec 167
AMIT KUMAR SHARMA
(Querist) 14 August 2014
This query is : Resolved
Dear Sir,
As per section 29(1) of Crpc, 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.
If Magistrate is not authorized as per section 29(1) to pass any sentence for death or of imprisonment for life or of imprisonment for a term exceeding seven years then why in sec 167 1[(a)of Crpc says that The Magistrate may authorize the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding-
(i) Ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
I shall appreciate if get clarity on highlighted in above that as mentioned in sec 167 a magistrate can cognizance the cases of punishable with death, imprisonment for life or imprisonment for a term of not less than ten years.
Thanks,
