Power of Courts (Section 26-35) under CrPC

The powers of courts under the Criminal Procedure Code (CrPC), 1973, as detailed in Sections 26 to 35, outline the jurisdictional authority, trial procedures, and sentencing capabilities of various courts in India. Below is a breakdown of these sections:

Section 26: Courts by which offences are triable

This section specifies which courts are competent to try different types of offences:

  1. Offences under the Indian Penal Code (IPC) may be tried by:
    • High Courts
    • Courts of Session
    • Any other court specified in the First Schedule of the CrPC.
  2. Offences under any other law may be tried by:
    • Any court specifically empowered by that law, or
    • Any other court as provided in the CrPC.

Section 27: Jurisdiction in the case of juveniles (अपराधी किशोरों के मामलों में अधिकारिता)

This section deals with offences committed by juveniles. If the accused is under the age of 16 at the time of committing the offence, they can only be tried by a Juvenile Justice Board (as per the Juvenile Justice Act) and not by regular criminal courts.

Section 28: Sentences which High Courts and Sessions Judges may pass

  • High Courts (उच्च न्यायालय): Can pass any sentence authorized by law, including the death penalty, life imprisonment, and other severe punishments.
  • Sessions Judges and Additional Sessions Judges: Can pass any sentence authorized by law, but a death sentence passed by them must be confirmed by the High Court before execution.
  • Assistant Sessions Judges: May pass a sentence of imprisonment up to 10 years, along with any fine.

Section 29: Sentences which Magistrates may pass

This section specifies the sentencing powers of various types of Magistrates:

  1. Chief Judicial Magistrate (मुख्य न्यायिक मजिस्ट्रेट): Can impose a sentence of imprisonment for up to 7 years and a fine of any amount.
  2. Judicial Magistrate of the First Class (प्रथम श्रेणी का न्यायिक मजिस्ट्रेट): May impose a sentence of imprisonment up to 3 years, or a fine up to Rs. 10,000, or both.
  3. Judicial Magistrate of the Second Class (द्वितीय श्रेणी का न्यायिक मजिस्ट्रेट): May impose a sentence of imprisonment up to 1 year, or a fine up to Rs. 5,000, or both.
  4. Executive Magistrates (कार्यकारी मजिस्ट्रेट): Can impose a fine up to Rs. 2,000.

Section 30: Sentence of imprisonment in default of fine

This section provides that, if a court imposes a sentence of fine, it may also impose imprisonment in case of default of payment of the fine. However, this imprisonment cannot exceed the term specified for non-payment of fines under the Indian Penal Code or any other law.

Section 31: Sentences in cases of conviction of several offences at one trial

When a person is convicted of multiple offences in a single trial, the court has the authority to impose consecutive sentences. However, the aggregate sentence must not exceed the court's maximum sentencing powers, as prescribed under CrPC. The total term of imprisonment cannot exceed the term the court is empowered to impose for a single offence.

Section 32: Mode of conferring powers

This section outlines the procedure through which powers are conferred on judicial and executive officers. The powers to try offences, impose sentences, and exercise jurisdiction are conferred on these officers by the High Court or the State Government.

Section 33: Power of High Court to confer powers

The High Court has the authority to confer powers on any person holding a judicial or executive office to act as a magistrate, either for a specific purpose or for a specified class of offences.

Section 34: Withdrawal of powers

The powers conferred on magistrates or any other officers under the CrPC can be withdrawn by the authority that conferred them, whether it is the High Court or the State Government.

Section 35: Powers of Judges and Magistrates exercisable by their successors-in-office

This section clarifies that any judge or magistrate who succeeds another in office has the same powers to continue any trial, proceeding, or investigation that was initiated by their predecessor.

Summary

Sections 26 to 35 of the CrPC describe the trial jurisdiction, sentencing powers, and procedural authority of courts in criminal matters. These provisions ensure clarity in how various courts — from High Courts to magistrates — exercise their powers to try offences, impose sentences, and handle cases involving juveniles or multiple offences.

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