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Full text of "Medical Jurisprudence And Toxicology"

APPENDIX  III

THE CODE OF CRIMINAL PROCEDURE

(Act V of 1898) as amended by the Criminal Law Amendment Act, 1923 (Act XII of 1923)

and Criminal Procedure Code Amendment Act, 1923 (Act XVIII of 1923), and as

amended  upto  date with the  Criminal Law Amendment Act,  1933 and  Ihe

Criminal Procedure (Amendment) Act, 1949.

Sec. 4. (i) "Cognizable offence" means an offence for, and "cognizable case"
means a case in which a police-officer, within or without the presidency towns, may, in
accordance with the second schedule, or under any law for the time being in force, arrest
without warrant.

Sec. 6. Classes of Criminal Courts.—Besides the High Courts and the Courts consti-
tuted under any law other than this Code for the time being in force, there shall be five
classes of Criminal Courts in India, namely: —

J. Courts of Session. II. Presidency Magistrates. III. Magistrates of the first
class. IV. Magistrates of the second class. V. Magistrates of the third class.

Sec. 29-B. Jurisdiction in the case of juveniles.—Any offence other than one
punishable with death or transportation for life, committed by any person who at the
date when he appears or is brought before the Court is under the age of fifteen years,
may be tried by a District Magistrate or a Chief Presidency Magistrate, or by any
Magistrate specially employed by the State Government to exercise the powers con-
ferred by section 8, sub-section (1) of the Reformatory Schools Act, 1897, or, in any
area in which the said Act has been wholly or in part repealed by any other law pro-
viding for the custody, trial or punishment of youthful offenders, by any Magistrate
empowered or under such law to exercise all or any of the powers conferred thereby,

Sec. 31. Sentences which High Courts and Sessions Judges may pass.—(1) A High
Court may pass any sentence authorized by law.

(2)  A Sessions Judge or Additional Sessions Judge may pass any sentence autho-
rized by law; but any sentence of death passed by any such Judge shall be subject to
confirmation by the High Court.

(3)  An Assistant Sessions Judge may pass any sentence authorized by law, except
a sentence of death or of transportation for a term exceeding seven years, or of imprison-
ment for a term exceeding seven years.

Sec. 32. Sentences which Magistrates may pass.—(1) The Courts of Magistrates
may pass the following sentences, namely:

Imprisonment for a term not exceeding
two years, including such solitary confine-
ment as is authorized by law;

Fine not exceeding one thousand rupees;
Whipping.

Imprisonment for a term not exceeding six
months, including such solitary confinement
as is authorized by law;
Fine not exceeding two hundred rupees.
Imprisonment  for  a  term  not  exceeding
one month;

Fine not exceeding fifty rupees.
(2) The Court of any Magistrate may pass any lawful sentence, combining any of
the sentences which it is authorized by law to pass.

,^ rSfc* ^   ^wer of Magistrates to sentence to imprisonment in default of fine.—

(1) The Court of any Magistrate may award such term of imprisonment in default of
payment of fine as is authorized by law in case of such default:
Provided that—

(a)  the term is not in excess of the Magistrate's powers under this Code;

(b)  in any case decided by a Magistrate where imprisonment has been awarded as
part of the substantive sentence, the period of imprisonment awarded in default of pay-
ment of the fine shall not exceed one-fourth of the period of imprisonment which such
Magistrate is competent to inflict as punishment for the offence otherwise than as im-
prisonment in default of payment of the fine.

(a) Courts of Presidency Magis-
trates and Magistrates of the first
class;

(b)  Courts
second class;

(c)  Courts
third class ;

of   Magistrates   of   the

of   Magistrates   of   the