Solve the myth of powers MG
Querist :
Anonymous
(Querist) 01 May 2011
This query is : Resolved
Code of Criminal Procedure 1973 THE FIRST SCHEDULE
Query: Crpc, 1973 First Schedule says that which of the offence are triable or cognizable by which magistrate. But I have a query in mind after reading the Crpc, 1973 section 29 sub - section (3) Says That The court of a Magistrate of the Second Class may pass a sentence of imprisonment for a term not exceeding one years, or of fine not exceeding One thousand rupees, or both. Right But the First Schedule says that section 295 & 295A are cognizable or triable by any magistrate how it is possible? It should be mentioned only by the First Class or any higher rank in magistrate right. The belowmentioned for read reference.
Also section 29(4)
Chief Metropolitan Magistrate & Metropolitan Magistrate but what are their limits. It has been said that Chief Metropolitan Magistrate has the powers of (“Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class”) so can we say that the offence triable or cognizable by the mentioned magistrate under sub section (1)&(2) of section 29 can be triable by the Chief Metropolitan Magistrate ?
Also I would like to known that under session court which magistrate sits for the proceedings.
Also difference between Chief Metropolitan Magistrate & Metropolitan Magistrate because sub section 4 of section 29 uses the word (AND) for the powers given
29. Sentences, which Magistrates may pass.
(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 five thousand rupees, or both.
(3) The court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding one thousand rupees, or of both.
(4) The court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class
State Of Maharashtra
S ection 295. Injuring or defiling place of worship with intent to insult the religion of any class
Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as a insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 295A. Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs
1[295A. Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs.
Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 2[citizens of India], 3[by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 4[three years], or with fine, or with both.]
4. Subs. by Act 41 of 1961, s. 3, for "two years" (w.e.f. 27-9-1961)
Thanks.
