✅ Sentencing Powers of Criminal Courts under BNSS, 2023
◾ 1. High Court
The High Court has the authority to impose any sentence, including the death penalty.
◾ 2. Sessions Court
The Sessions Court can pass any sentence, including the death sentence.
However, a death sentence requires confirmation by the High Court before it can be executed.
◾ 3. Chief Judicial Magistrate (CJM)
The Chief Judicial Magistrate may pass any sentence except:
- Death sentence
- Imprisonment for life, or
- Imprisonment exceeding seven years
◾ 4. Magistrate of the First Class
The Magistrate of the First Class may pass sentence:
– Imprisonment up to 3 years
– Fine up to ₹50,000
– Or community service
◾ 5. Magistrate of the Second Class
The Magistrate of the Second Class may pass sentence:
– Imprisonment up to 1 year
– Fine up to ₹10,000
– Or community service
◾ 6. Imprisonment in Default of Fine
Imprisonment in default of payment of fine shall not exceed one-fourth of the maximum sentence the Magistrate is authorized to impose.
The imprisonment must be within the prescribed limits.
◾ 7. Multiple Offences Tried in One Trial
Sentences may be concurrent or consecutive.
The total imprisonment shall not exceed:
– 20 years in total, and
– Not more than twice the punishment for a single offence…