unacademy ‘Test Preparation > UPSC > UPSC CSE > Practice & Strategy > Preparation Strategy > Strategy for Mains Code of Criminal Procedure, 1973 LESSON 5 OF 28 Download the Unacademy Learning App to watch this and over 200k more lessons in UPSC, SSC CGL, GATE, Google Play ff @ App Sto CAT and many more categories.CODE OF CRIMINAL PROCEDURE, a 1973 By: SIDDHARTHA SRIVASTAVA NATIONAL LAW UNIVERSITY (2015)@ unacademy COMPETENCY OF PUNISHMENT Given in Sec 28 & 29. © HighCourt ~~~ Any sentence authorized by law ® Sessions Judge /Additional Sessions Judge _____, Any sentence authorized by law but death sentence subject to confirmation by High Court (366 -371) ® Additional Sessions Judge ———> 10 years imprisonment © Chief Judicial Magistrate ———+> 7 years imprisonment ® Judicial Magistrate First Class ——> 3 years/10000 Rs Fine © Judicial Magistrate Second Class ——>1 year/ 5000 Rs Fine© unacademy PUNISHMENT COMPETENCY VISA VIS SCHEDULE A MAGISTRATE - bie da) Miva bid im jan) Wee ommit to Court of Chief Judicial Session u/s YEA wel y 325@ unacademy PUNISHMENT COMPETENCY (CONTD.) ® Section 323 - Can be ® Section 325 - Used after invoked at any time guilty finding recorded. before signing judgment. © If higher punishment is to © Case either exclusively be given triable by COS or offence © To apply for all those is of a grave nature. accused who are guilty. © To be committed using 209 ~—& Now CJM discretion to Crpc. recall & re-examine © Now the process of session witnesses and pass trial will apply. judgment.Oharontes) under IPC v Triable by High Court, Court of Session or any Co) dace gat in Schedule Offence under any other law If Court given Else High in the law, such Court or a court Court as in Schedule© unacademy ita Cella awa LAT : under original OOD Nz jurisdiction Court of Session trying under original Sec 323 jurisdiction© unacademy Viel feif-t Magistrate Upon information 190(1)c Upon a complaint hela.a cr @ unacadem COGNIZANCE . 7 COMPETENCY (CONTD.) © Only Judicial Magistrate can take cognizance © Case moves to Court of Sessions only upon a committal - cognizance on committal © Sec 193 - No Court of Session shall take cognizance of any offence as a court of original jurisdiction © Exceptions - Sec 199 and Sec 319S TAGES OF A CRIMINAL unacademy PROCEEDING(POLICE REPORT) INVESTIGATION [ied ENQUIRY [heed ae F.1.R —> Investigation —> Police Report —» Issue of process —_- Documents to accused ——~ Charge ——- Trial —- Judgment@ unacademy COMPLAINT CASE Complaint ~~ Cognizance ~~ Complaint Proceedings —— Issue of Process Documents to accused —> Charge ——> Trial —— JudgmentCOGNISABLE & NON COGNISABLE OFFENCE © Cognizable offence- given in sec 2(c). Arrest without warrant can be done ® Non Cognizable offence - Sec 2(l). No arrest without warrant. © If in a single case more than one offence are committed it will be non cognizable only when all offences are non cognizable. [Sec 155(4)] @ unacademy