CrPC Section 29

CrPC Section 29 – Sentences which Magistrates may pass

This section defines the sentencing powers of Magistrates in criminal cases. It basically says how much punishment (imprisonment or fine) different types of Magistrates can impose.

Key Provisions:

Chief Judicial Magistrate (CJM)

A CJM may pass any sentence authorized by law, except:

Death sentence

Life imprisonment

Imprisonment exceeding 7 years

Magistrate of the First Class

Can impose:

Imprisonment up to 3 years

Fine up to ₹10,000

Magistrate of the Second Class

Can impose:

Imprisonment up to 1 year

Fine up to ₹5,000

Metropolitan Magistrate

Has the same powers as a Magistrate of the First Class.

Purpose of Section 29

To clearly define limits of judicial powers of different Magistrates.

To ensure that serious punishments like death, life imprisonment, or long-term sentences are handled only by higher courts (Sessions Court).

To maintain a proper hierarchy in the criminal justice system.

Example

If a person is guilty of an offence punishable with imprisonment of 2 years, a Magistrate of First Class can handle it.

But if an offence is punishable with 10 years imprisonment, only a Sessions Judge can pass such a sentence, not a Magistrate.

Conclusion

Section 29 CrPC sets clear limits on the sentencing powers of different classes of Magistrates:

CJM → up to 7 years imprisonment

First Class Magistrate → up to 3 years or ₹10,000 fine

Second Class Magistrate → up to 1 year or ₹5,000 fine

Metropolitan Magistrate → same as First Class Magistrate

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