Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following sentences can be passed by…
Under section 23(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a…
Choose your answer
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following sentences can be passed by the Court of a Chief Judicial Magistrate?
Answer and explanation
Correct answer D
Under section 23(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death, imprisonment for life or imprisonment for a term exceeding seven years. Imprisonment for a term not exceeding seven years is therefore the only sentence among the choices that it can pass.
A sentence of death or imprisonment for life can be passed by a Sessions Judge or an Additional Sessions Judge under section 22(2), and a sentence of death so passed is subject to confirmation by the High Court. The BNSS has no Assistant Sessions Judges (formerly s.28(3) CrPC). For comparison, a Magistrate of the first class may pass imprisonment up to three years, fine up to fifty thousand rupees, or both, or community service (s.23(2)).
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