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Code of Criminal Procedure, 1973 · Chapter III: Power of Courts

Section 29: Sentences which Magistrates may pass

The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BNSS section 23 (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 [ten thousand rupees], or of both.

(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 [five 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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 29

  • Ram Nath v. The State of Uttar Pradesh & Ors.
    2024 INSC 13821 February 2024Appeal(s) allowed

    Interplay between the provisions of Chapter IX of the Food Safety and Standards Act, 2006 (FSSA) and ss.272 and 273 of the Penal Code, 1860; whether the view taken by the Allahabad High Court in the case of M/s. Pepsico…

  • Amandeep Singh Saran v. State of Chhattisgarh
    2023 INSC 102829 November 2023Disposed of

    Conduct of the trial for offence under Section 409, Penal Code, 1860; exercise of powers under Cr.PC, for committal of cases to the Court of competent jurisdiction.

  • First Global Stockbroking Pvt. Ltd. v. Anil
    2023 INSC 84521 September 2023Dismissed

    Whether the Enforcement Officer appointed under FERA, 1973 continued to have the authority or competence to file a complaint for the offences punishable under FERA before the expiry of the sunset period provided in…

  • Karnataka State Pollution Control v. B. Heera Naik & Ors. Etc.
    2019 INSC 128326 November 2019Appeal(s) allowed