POWER OF COURTS

Chapter III Code of Criminal Procedure deals with the

powers of Courts to take cognizance of offence which are
divided into offences Indian Penal Code and the offences
under any other law. The powers of courts for trial of the
offences are mentioned from Section 26 to 35 of the
Code.

The courts in which offences are triable,

Section 26 of CrPC describes by which courts the

offences are triable. Under IPC any offences can be tried
by the High Court, Court of Sessions and any other court
which is specified in the first schedule. As per the
Criminal Law Amendment Act, 2013 Section 11 states
that any offences under Section 376, Section376A,
Section 376B, Section 376C, Section 376D and Section
376E of IPC should be tried by a court where it is
presided by a woman judge. And any offence under any
other law can be tried in any court that mentioned in
such law and if no court is mentioned in the law, it may
be tried by the High Court, any other Court which
specifies in the schedule.
Jurisdiction of the Juvenile Cases.

Section 27 of Code states that any person who is

below the age of sixteen years is considered to be
juveniles. The offence committed by a juvenile is
tried by the Court of Chief Judicial Magistrate or by
the Court which empowered by the Children
Act,1960(60 of 1960) or any other for the time
being in force relating in youthful offenders.

Present Juvenile Justice System

The Introduction of “Juvenile Justice(Care and
Protection)2015 Act” brought changes in the juvenile
under the age of 16 to 18 years tried to be an adult. Trial
of the juveniles for the committing of offences should be
based on the non-penal treatments by sending them to
Special homes and the Rehabilitation centres. The
juveniles should get a chance of reformation instead of
ordering the judgement for punishing by the Court. And
the juveniles should not be tried in courts, they must be
corrected for their offence.

Sentences that High Court and Sessions Judges may pass.(Sec

28)

The High Court is empowered to pass any sentence

that is authorized by law.

In Onkar Nath v. Emperor, it was held that Section

27(1) does not mean that High Court may pass any
sentence but its power to pass any sentence as an
appellate court must be measured by the power of
Court from which the judgement of appeal has
brought before it. The Sessions Judge and the
Additional Sessions Judge can pass any sentence
that is authorized by law, for the passing of death
sentence the prior confirmation of High Court is
necessary. An Assistant Sessions Judge may pass
a sentence which is authorized by law, but they
cannot pass the death sentence, life imprisonment
and also imprisonment for 10years or more.

Power of Magistrate to Pass Sentences. ( sec 29)

The Court under this section may pass within its

discretion sentence for any period within the
maximum it has the power to pass. The Chief
Judicial Magistrate may pass any sentence
authorized by law, except the death sentence, life
imprisonment and imprisonment for more than
seven years.

In the case Saroop Kumar v. the State of H.P[iii] it was

held that a Chief Judicial Magistrate cannot
exercise the power available to him when he
presides in a children’s court.

A Magistrate of the first class can pass sentence of

imprisonment for a term not exceeding three years
and fine.
The Court of Magistrate of Second Class can also
pass sentence of imprisonment not exceeding one
year and a fine of five thousand rupees.

The Court of Chief Metropolitan Magistrate shall

have the same powers of Chief Judicial Magistrate,
Metropolitan Magistrate and that of a First Class
Magistrate Judge.

Imprisonment In Default of Fine. ( Sec 30)

If the accused fails to pay the fine imposed to him,

then he can be imprisoned for a further term. This
section provides the limit of the sentence that can
be awarded in default of payment of a fine. The
power of Magistrate to award fine are limited
under Section 29. In Bashiruddin Ashraaf v. the State
of Bihar it was held that, where the offence is
punishable by fine only, then it cannot provide for
imprisonment in default of payment of fine, the
imposition of simple imprisonment for such
default is justified under Section 30.

Cases of Conviction of Several Offences at One Trial.

Under Section 31, if the person is convicted for two

or more offences at one trial, the court can provide
separate punishments. Section 31(1)the court can
order different sentences that runs concurrently.
In the case of succeeding sentences, the court
doesn’t have to send the offender before the High
Court. The Court itself can pass sentence for
without exceeding the term of fourteen years and
the aggregate punishment not exceeding the fine
limit of the Court. And for appeal in aggregate
punishment is assumed as a single sentence.

Conferring Powers

The High Courts and the State Government can give

powers on the person in particular of their offices or
classes of officials by the official labels. And every such
order is considered as to be effective from the date of
appointment of such persons.

In Prem Nath v. the State of Rajasthan, held that

the High Court or State Government is competent to
award additional powers upon any person.

The Powers of Officers Appointed

The High Court or State Government authorize any

person who works in service of Government to
have power over the local area, where he is
considered as the equal or higher officer, as the
area is under same State Government. In Balwant
v. Kishen, it was held that an officer on his transfer
from one local area to another finish to have power
over that local area.
The power to withdrawal

Section 34 of Code states that the high court and

the state government have the power to withdraw
the power which awarded on a person or any
officer subordinate to it. Also, the Chief Judicial
Magistrate or District Magistrate can withdraw
power that given to any person or an officer.

Successors in Office

Section 35 provides the power to Judge and

Magistrate to exercise or perform by his successor
in office. The Sessions Judge can establish by
writing an order to consider a judge as successor
in office of Additional Sessions Judge pr Assistant
Sessions Judge. The Chief Judicial Magistrate or
the District Magistrate also provided with the
same power to write an order to consider a
Magistrate as successor in office. And this power
can be used only if there a doubt arises.
Conclusion
The Constitution of India holds the absolute
authority and value in India.so it is adopted
in the code of criminal procedure. Hence, it
becomes necessary to provide safeguards for
its protection and therefore, the courts have
been vested with various powers to keep a
check and to ensure that no authority
misuses its powers and encroaches upon
others domain. The courtrooms are the
places where people can take their
grievances and get their disputes resolved
upon the failure of other systems of the
Government.