Chapter III POWER OF COURTS

Subject to the other provisions of this Code,--

1. (a) any offence under the Indian Penal Code (45 of 1860) may be tried by--
   • (i) the High Court, or
   • (ii) the Court of Session, or
   • (iii) any other Court by which such offence is shown in the First Schedule to be triable: 1[Provided that any 2[offence under section 376, 3[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, 376DB] or section 376E of the Indian Penal Code (45 of 1860)] shall be tried as far as practicable by a Court presided over by a woman.]
2. (b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by--
   • (i) the High Court, or
   • (ii) any other Court by which such offence is shown in the First Schedule to be triable. STATE AMENDMENT Arunachal Pradesh.-- Amendment of section 26.--In the Code of Criminal Procedure, 1973 (hereafter referred to as the principal Act), in section 26, in the proviso to clause (a), for the words figures and letters "offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code" the words, figures and letters "offence under section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, 376DA of section 376E of the Indian Penal Code shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 11] Uttar Pradesh In section 26 of the said Code, for clause (b), the following clause shall be substituted, namely :
3. (b) any offence under any other law may be tried :
   • (i) when any court is mentioned in this behalf in such law, by such court, or by any court superior in rank to such court, and
   • (ii) when no court is so mentioned, by any court by which such offence is shown in the First Schedule to be tribal, or by any court superior in rank to such court. [Vide Uttar Pradesh Act 1 of 1984, s. 6]

¹ Ins. by Act 5 of 2009, s. 4 (w. e.f. 31 -12-2009).

² Subs. by Act 13 of 2013, s. 11, for ―offence under section 376 and sections 376A to 376D of the Indian Penal Code (45 of 1860) ‖ (w.e.f. 3 -2-2013).

³ Subs. by Act 22 of 2019 , s. 10, for ―sec tion 376 A, section 376B, section 376C, section 376D‖ (w.e.f. 21 -4-2018).

Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.

1. (1) A High Court may pass any sentence authorised by law.
2. (2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
3. (3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

1. (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. (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 1[ten thousand rupees], or of both.
3. (3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding 2[five thousand rupees], or of both.
4. (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 AMENDMENTS Manipur In section 29 of the Code, after sub-section (2), the following sub-section shall be added, namely"-- "(2A) The Court of a Specified Executive Magistrate may pass a sentence of imprisonment for a term not exceeding two years, or of fine not exceeding two thousand rupees, or of both.". [Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] Maharashtra Amendment of section 29 of Act 2 of 1974.--In section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra,--
   • (a) in sub-section (2), for the words "ten thousand rupees" the words "fifty thousand rupees" shall be substituted;
   • (b) in sub-section (3), for the words "five thousand rupees" the words "ten thousand rupees" shall be substituted. [Vide Maharashtra Act 27 of 2007, s. 2] Arunachal Pradesh Amendment of section 29.--In section 29 of the principal Act (i) in sub-section (2), for the words "ten thousand rupees" the words "one lakh rupees" shall be substituted.
     • (i) in sub-section (3), for the words "five thousand rupees", the words twenty five thousand rupees shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 12]

¹ Subs. by Act 25 of 2005, s. 5, for ―five thousand rupees‖ (w.e.f. 23 -6-2006).

² Subs. by Act 25 of 2005, s. 5, for ―one thousand rupees‖ (w.e.f. 23 -6-2006).

1. (1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law: Provided that the term--
   • (a) is not in excess of the powers of the Magistrate under section 29;
   • (b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.
2. (2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.

1. (1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.
2. (2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court: Provided that--
   • (a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years;
   • (b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.
3. (3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.

1. (1) In conferring powers under this Code, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles.
2. (2) Every such order shall take effect from the date on which it is communicated to the person so empowered.

Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Code throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

1. (1) The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this Code on any person or by any officer subordinate to it.
2. (2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.

1. (1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.
2. (2) When there is any doubt as to who is the successor-in-office of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge.
3. (3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purpose of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.