Section 29 of The Code of Criminal Procedure, 1973
- (1)The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
- (2)The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding 1[ten thousand rupees], or of both.
- (3)The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding 2[five thousand rupees], or of both.
- (4)The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class. STATE AMENDMENTS Manipur In section 29 of the Code, after sub-section (2), the following sub-section shall be added, namely"-- "(2A) The Court of a Specified Executive Magistrate may pass a sentence of imprisonment for a term not exceeding two years, or of fine not exceeding two thousand rupees, or of both.". [Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] Maharashtra Amendment of section 29 of Act 2 of 1974.--In section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra,--
- (a)in sub-section (2), for the words "ten thousand rupees" the words "fifty thousand rupees" shall be substituted;
- (b)in sub-section (3), for the words "five thousand rupees" the words "ten thousand rupees" shall be substituted. [Vide Maharashtra Act 27 of 2007, s. 2] Arunachal Pradesh Amendment of section 29.--In section 29 of the principal Act (i) in sub-section (2), for the words "ten thousand rupees" the words "one lakh rupees" shall be substituted.
- (i)in sub-section (3), for the words "five thousand rupees", the words twenty five thousand rupees shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 12]
Summary
- The Chief Judicial Magistrate can give any sentence allowed by law, except for death or life imprisonment.
- A Chief Judicial Magistrate's power to imprison is limited to a maximum of seven years.
- Magistrates of the First Class can give up to three years in prison and a fine up to ten thousand rupees.
- Magistrates of the Second Class can give up to one year in prison and a fine up to five thousand rupees.
- Chief Metropolitan Magistrates have the same sentencing powers as Chief Judicial Magistrates.
- Metropolitan Magistrates have the same sentencing powers as Magistrates of the First Class.
Practical examples
FAQ
1. What is the maximum fine a Magistrate of the First Class can impose under Section 29 of the Code of Criminal Procedure, 1973?
A Magistrate of the First Class can impose a fine not exceeding ten thousand rupees, as per Section 29 of the Code of Criminal Procedure, 1973.
2. How long can a Chief Judicial Magistrate send someone to jail under Section 29 of the 1973 Code?
Under Section 29 of the Code of Criminal Procedure, 1973, a Chief Judicial Magistrate may pass a sentence of imprisonment for a term not exceeding seven years.
3. What are the powers of a Metropolitan Magistrate under Section 29 of the Code of Criminal Procedure, 1973?
Under Section 29 of the Code of Criminal Procedure, 1973, a Metropolitan Magistrate has the same powers as a Magistrate of the First Class.
4. Can a Magistrate of the Second Class give a two-year sentence under Section 29 of the 1973 Criminal Code?
No, Section 29 of the Code of Criminal Procedure, 1973, limits a Magistrate of the Second Class to a term of imprisonment not exceeding one year.
Test yourself
Q1.Under Section 29 of the Code of Criminal Procedure, 1973, what is the maximum prison term a Magistrate of the First Class can give?
Q2.What is the maximum fine for a Magistrate of the Second Class under Section 29 of the Code of Criminal Procedure, 1973?
Q3.Under Section 29 of the Code of Criminal Procedure, 1973, who has the same powers as a Chief Judicial Magistrate?
Q4.Comparing Section 28 and Section 29 of the Code of Criminal Procedure, 1973, what is the imprisonment limit difference between an Assistant Sessions Judge and a CJM?