Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Chief Judicial Magistrate may pass
An authorized term up to seven years fits the statutory ceiling, provided the sentence is also lawful for the particular offence being punished. Section 23(1) of the…
Choose your answer
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Chief Judicial Magistrate may pass
Answer and explanation
Correct answer B
An authorized term up to seven years fits the statutory ceiling, provided the sentence is also lawful for the particular offence being punished. Section 23(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 29(1) CrPC) limits the sentencing power of a Chief Judicial Magistrate. It permits sentences authorized by law but excludes death, imprisonment for life, and a term of imprisonment exceeding seven years; the court must still respect the punishment authorized for the particular offence.
Why not "any sentence of imprisonment upto ten years."? A ten-year imprisonment limit exceeds the Chief Judicial Magistrate’s statutory ceiling and would wrongly confer a greater ordinary sentencing power on that court. Section 23(1) limits the sentencing power of a Chief Judicial Magistrate. It permits sentences authorized by law but excludes death, imprisonment for life, and a term of imprisonment exceeding seven years; the court must still respect the punishment authorized for the particular offence.
Why not "a death sentence."? A death sentence is expressly excluded from the Chief Judicial Magistrate’s powers and cannot be justified by the general authority to pass lawful sentences. Section 23(1) limits the sentencing power of a Chief Judicial Magistrate. It permits sentences authorized by law but excludes death, imprisonment for life, and a term of imprisonment exceeding seven years; the court must still respect the punishment authorized for the particular offence.
Why not "a life imprisonment sentence."? Imprisonment for life is expressly excluded, so it cannot be treated as available within the Chief Judicial Magistrate’s ordinary sentencing jurisdiction. Section 23(1) limits the sentencing power of a Chief Judicial Magistrate. It permits sentences authorized by law but excludes death, imprisonment for life, and a term of imprisonment exceeding seven years; the court must still respect the punishment authorized for the particular offence.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Supreme Court Law Clerk and Research Associate
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision