as per sec 29.1 CrPC , court of cjm may not pass sentence exceeding 7 years.
then how cjm or magistrate of first class can try a case which carry sentence of more than 7 years?
is it not an anomaly.
S L Chowdhary (Individual) 19 October 2011
as per sec 29.1 CrPC , court of cjm may not pass sentence exceeding 7 years.
then how cjm or magistrate of first class can try a case which carry sentence of more than 7 years?
is it not an anomaly.
M.Sheik Mohammed Ali (advocate) 19 October 2011
he can pass 7 years imprisonment with confirmation from High Court.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 19 October 2011
Dear Chowdhary
read it all things will be cleared
(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 AMENDMENT
Punjab:
After section 29, the following section shall be inserted, namely.
"29A. Sentences which Executive Magistrate may puss. An Executive Magistrate may pass a sentence of imprisonment of a term not exceeding three years or of fine not exceeding five thousand rupees, or both.
[Vide Punjab Act 22 of 1993 (w.e.f. 27-6-1993)].
samuel singh (self) 19 October 2011
they can not try for more than 7 year.what is written is anomaly and confusion.
S L Chowdhary (Individual) 20 October 2011
Any ruling/order/judgment on this anomaly ?
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 October 2011
It is the law buddy. No citations are needed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
S L Chowdhary (Individual) 20 October 2011
Thanks Mr. Shonee Kapoor for your response.
I am not a student of law.
I am not able to see why a court, which can only award a sentence not exceeding 7 years, shal hold trial for a crime which carry sentence exceeding 7 years.