Sec 377 ipc
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(Querist) 05 May 2012
This query is : Resolved
pls explain me who try this offence.magistarate or court of session?
how can he try the offence if punishment exceed beyond his power.
SAINATH DEVALLA
(Expert) 05 May 2012
Dear Terry,
The offence u/s377ipc,will be tried by a First Class Magisrate.What do you mean by"how can he try the offence if punishment exceed beyond his power",When he is the designated judicial Officer .
adv. rajeev ( rajoo )
(Expert) 05 May 2012
It is non bailable offence triable by Magistrate of First class.. So he has got jurisdiction to try this offence.
Adv.R.P.Chugh
(Expert) 05 May 2012
Mr.Terry is right in putting across that query, for there is a difference between the competency to try and competency to punish. A magistrate may have the power to try a case - for eg : 420 but not the power to give maximum punishment prescribed i.e 7 years. (note MM/JM1 can give maximum 3 years) in such a case the proper course mr.terry is to submit the case to the CJM u/s 325 of the CrpC or 323 to the Court of Sessions - though the first course is more likely to be adopted.
PARTHA P BORBORA
(Expert) 05 May 2012
yes a first class judicial magistrate has the power to convict is max 3 years. But if appears from the evidence on record that there is enough evidence that conviction should be more then 3 years but less then 7 years, he just send beck the case record to the C J M who has the power to convict max for 7 years.
venkatesh Rao
(Expert) 05 May 2012
It is 325 Cr.P.C.to be followed and not 323 Cr.p.c. If committed under 323 cr.p.c. and if at the worst event, the case ends w in conviction, the valuable right of appeal to the accused would be taken away as the appellate authority itself has disposed of the case.
Shonee Kapoor
(Expert) 06 May 2012
I thank experts to explain the same with so much clarity.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda
(Expert) 07 May 2012
No more to add.
