CrPC Section 28
CrPC Section 28 – Sentences which High Courts and Sessions Judges may pass
Purpose
This section defines the sentencing powers of the High Court and the Court of Session (Sessions Judge / Additional Sessions Judge). It explains the extent of punishment that these higher courts are legally authorized to impose.
Provision
High Court
A High Court may pass any sentence authorized by law, including the death penalty.
Sessions Judge / Additional Sessions Judge
They may also pass any sentence authorized by law, including a sentence of death penalty.
However, if they pass a death sentence, it shall be subject to confirmation by the High Court (under Section 366 CrPC).
Assistant Sessions Judge
An Assistant Sessions Judge cannot pass a sentence of death, life imprisonment, or imprisonment for more than 10 years.
Key Points
High Courts → Full powers (any sentence, including death).
Sessions Judge / Additional Sessions Judge → Full powers, but death sentence needs High Court confirmation.
Assistant Sessions Judge → Limited powers (up to 10 years imprisonment, no life sentence, no death sentence).
Example
If a person is convicted of a heinous crime like murder:
The Sessions Court can award the death penalty.
But before execution, the sentence must be confirmed by the High Court.
If a case involves an offence where maximum punishment is 7 years imprisonment, an Assistant Sessions Judge can impose it.
In Short
Section 28 CrPC sets the boundaries of sentencing powers of High Courts, Sessions Judges, and Assistant Sessions Judges.
High Courts = unlimited powers.
Sessions Judge = unlimited, but death penalty requires High Court confirmation.
Assistant Sessions Judge = restricted powers (max 10 years imprisonment).
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