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The court of a Chief Judicial Magistrate may pass -
Question

The court of a Chief Judicial Magistrate may pass -

A.

Any sentence except imprisonment for life

B.

Sentence of imprisonment not exceeding three years

C.

Sentence of imprisonment for a term upto seven years

D.

Sentence of imprisonment for a term not exceeding ten years

Correct option is C


Under Section 29(2) of the Criminal Procedure Code (CrPC), 1973, a Chief Judicial Magistrate (CJM) has the authority to impose a sentence of imprisonment for a term not exceeding seven years. This section also allows the CJM to impose fines and other penalties as prescribed by law. However, the Chief Judicial Magistrate cannot impose sentences such as life imprisonment or capital punishment, as these are within the jurisdiction of a Sessions Court.
The powers of sentencing are distributed across different judicial levels, with Chief Judicial Magistrates holding a middle-tier authority, allowing them to impose moderate sentences but not the highest ones reserved for more severe crimes.
Information Booster:
1. First-Class Magistrates: They can impose imprisonment for up to three years and fines up to a specified amount.
2. Sessions Judge: A Sessions Judge has the power to impose life imprisonment or capital punishment, depending on the nature and severity of the crime.
3. Criminal Procedure Code (CrPC), 1973: It categorizes various levels of judicial officers and assigns specific sentencing powers to each.
Additional Knowledge:
· Imprisonment Types: There are varying degrees of imprisonment in the Indian legal system, with terms ranging from minor offenses to serious crimes. A Chief Judicial Magistrate deals with moderately serious crimes, where a sentence up to seven years is deemed sufficient.
· Power Hierarchy: The power hierarchy in sentencing is designed to ensure that more serious crimes are tried and sentenced at higher levels of the judiciary, while lower courts handle less severe offenses.

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