Explanation: This section specifies which courts are generally competent to conduct trials for offences under the Bharatiya Nyaya Sanhita (BNS) and other laws, subject to other specific provisions in the BNSS.
Clause (a): Offences under BNS
Explanation: An offence under the BNS can be tried by:
(i) The High Court
(ii) The Court of Session
(iii) Any other court specified in the First Schedule of the BNSS as having jurisdiction for that specific offence.
Proviso: Offences under specific sections of the BNS related to sexual harassment and assault on women (Sections 64-71 BNS) should, as far as practicable, be tried by a court presided over by a woman judge/magistrate.
Example: Theft (Section 303(2) BNS) is listed in the First Schedule as triable by any Magistrate. Murder (Section 103 BNS) is listed as triable by the Court of Session. A case involving rape (Section 64 BNS) should ideally be heard by a female judge.
Clause (b): Offences under other laws
Explanation: For an offence under a law other than the BNS:
If that specific law mentions a particular court for trial, that court must try the offence.
If the specific law doesn’t mention a court, the offence can be tried by:
(i) The High Court, OR
(ii) Any other court specified in the First Schedule of the BNSS as competent to try that offence.
Example: If the Prevention of Corruption Act specifies that certain offences must be tried by a Special Judge, then only that court can try those cases. If an offence under the Arms Act doesn’t specify a court, but the First Schedule of BNSS indicates it’s triable by a Magistrate of the First Class, then that Magistrate can try it.
Section 22: Sentences which High Courts and Sessions Judges may pass
Sub-section (1): High Court Powers
Explanation: A High Court has the authority to impose any sentence that is permitted by law for a particular offence.
Example: If an offence carries a maximum sentence of death, the High Court has the power to impose it, if legally warranted.
Explanation: A Sessions Judge or an Additional Sessions Judge can also pass any sentence authorized by law.
Proviso (Implicit): However, if they pass a sentence of death, it is not final. It must be submitted to the High Court for confirmation before it can be executed (as detailed in Chapter XXX).
Example: A Sessions Judge convicts someone of murder and sentences them to death. This sentence cannot be carried out until the relevant High Court reviews the case and confirms the sentence. If they sentence someone to life imprisonment, that sentence doesn’t require High Court confirmation (though it can be appealed).
Section 23: Sentences which Magistrates may pass
Explanation: This section sets the limits on the sentencing powers of different classes of Magistrates.
Sub-section (1): Chief Judicial Magistrate (CJM)
Explanation: A CJM can pass any sentence allowed by law except for the death sentence, life imprisonment, or imprisonment exceeding seven years.
Example: A CJM can sentence a convict to a maximum of 7 years imprisonment for an offence like causing grievous hurt by dangerous weapons (Section 118(2) BNS, assuming the CJM tries it and finds 7 years appropriate). They cannot sentence someone to 10 years or life imprisonment.
Sub-section (2): Magistrate of the First Class (JMFC)
Explanation: A JMFC can impose:
Imprisonment up to a maximum of three years.
Fine up to a maximum of fifty thousand rupees.
Both imprisonment and fine within these limits.
Community service (as defined in the Explanation).
Example: A JMFC convicts someone of simple theft (Section 303(2) BNS). They could sentence the person to 2 years imprisonment and a fine of ₹10,000, or perhaps order them to perform community service. They cannot sentence the person to 4 years imprisonment.
Sub-section (3): Magistrate of the Second Class (JMSC)
Explanation: A JMSC can impose:
Imprisonment up to a maximum of one year.
Fine up to a maximum of ten thousand rupees.
Both imprisonment and fine within these limits.
Community service.
Example: A JMSC convicts someone of affray (Section 194(2) BNS). They could sentence the person to 6 months imprisonment or a fine of ₹5,000, or order community service. They cannot impose a fine of ₹15,000 or imprisonment for 18 months.
Explanation Clause: Defines “Community service” as work benefiting the community, ordered by the court as punishment, for which the convict receives no pay.
Example: A court might order someone convicted of petty vandalism to spend 40 hours cleaning a public park as community service.
Section 24: Sentence of imprisonment in default of fine
Sub-section (1): General Power
Explanation: When a court imposes a fine, it can also order that the convict serve a term of imprisonment if they fail to pay the fine (imprisonment in default). The length of this default imprisonment must be authorized by the relevant law.
Proviso: For Magistrates, this default imprisonment term has two limits:
(a) It cannot exceed the maximum imprisonment the Magistrate is otherwise empowered to impose under Section 23 (e.g., 3 years for JMFC, 1 year for JMSC).
(b) If imprisonment was also awarded as part of the main (substantive) sentence, the default imprisonment for non-payment of fine cannot exceed one-fourth (1/4) of the maximum substantive imprisonment the Magistrate is competent to inflict for that offence.
Example: A JMFC convicts someone of an offence with a maximum punishment of 3 years imprisonment. The JMFC sentences the person to 1 year of substantive imprisonment and imposes a fine of ₹20,000, ordering 3 months imprisonment in default of payment. This is permissible because:
3 months is less than the JMFC’s maximum power of 3 years (Clause a).
3 months is less than one-fourth of the maximum possible sentence of 3 years (i.e., 1/4 of 36 months = 9 months) that the JMFC could have imposed for the offence (Clause b).
Example (Violation of Clause b): If the maximum punishment for an offence triable by JMFC is only 6 months imprisonment, the JMFC cannot impose more than 1.5 months (1/4 of 6 months) imprisonment in default of fine, even if they only awarded a fine and no substantive imprisonment.
Sub-section (2): Additional Imprisonment
Explanation: The imprisonment awarded for default of fine can be in addition to the maximum substantive sentence of imprisonment that the Magistrate is allowed to impose under Section 23.
Example: A JMFC sentences a person to the maximum possible 3 years of substantive imprisonment for an offence. They can still add a further period of imprisonment (subject to the limits in Sec 24(1)) if the person defaults on paying an imposed fine. The total period might exceed 3 years in this specific scenario.
Section 25: Sentence in cases of conviction of several offences at one trial
Sub-section (1): Multiple Offences, Single Trial
Explanation: If a person is convicted of two or more offences in a single trial, the court can sentence them for each offence separately. The court decides, based on the gravity of the offences, whether these sentences will run concurrently (served simultaneously) or consecutively (one after the other). This is subject to Section 9 of the BNS (which deals with limits on punishment for offences made up of parts).
Example: A person is convicted of robbery (max 10 years) and causing hurt during the robbery (max 10 years) in one trial. The judge could sentence them to 7 years for robbery and 3 years for causing hurt. The judge would then specify if these run concurrently (total 7 years served) or consecutively (total 10 years served).
Sub-section (2): Aggregate Punishment and Court Competency
Explanation: If sentences run consecutively, the court doesn’t need to send the offender to a higher court just because the total aggregate punishment exceeds the maximum sentence the court can impose for a single offence.
Proviso: There are overall limits:
(a) The total consecutive imprisonment cannot exceed twenty years.
(b) The total aggregate punishment cannot exceed twice the maximum punishment the court is competent to inflict for a single offence.
Example: A JMFC (max power 3 years for one offence) convicts someone of 3 separate offences in one trial, sentencing them to 2 years for each, to run consecutively. The total is 6 years.
This is allowed because the aggregate (6 years) doesn’t exceed 20 years (Proviso a).
It also doesn’t exceed twice the JMFC’s power for a single offence (2 * 3 years = 6 years) (Proviso b). The JMFC doesn’t need to send the case to the Sessions Court even though 6 years is beyond their single-offence limit.
Example (Limit): If the JMFC tried to impose 3 consecutive sentences of 3 years each (total 9 years), this would violate Proviso (b) because 9 years is more than twice their single-offence power (6 years).
Sub-section (3): Appeal Purpose
Explanation: For the purpose of filing an appeal, the total aggregate of consecutive sentences passed is treated as a single sentence.
Example: If someone receives consecutive sentences totalling 8 years from a Sessions Court, for appeal purposes, this is considered a single sentence of 8 years, determining which court the appeal lies to (in this case, the High Court, as per Sec 415(2)).
Section 26: Mode of conferring powers
Sub-section (1): How Powers are Given
Explanation: When the High Court or State Government grants powers under the BNSS, they can do so by naming specific individuals, referring to their office/designation (e.g., “the District Magistrate”), or empowering classes of officials generally by their titles (e.g., “all Tehsildars”).
Example: The High Court might issue an order stating, “Mr. Sharma, JMFC, is empowered…” (by name), or “The Sub-Divisional Magistrate of Pune City…” (by office), or “All Police Inspectors in Maharashtra are empowered…” (by class of officials).
Sub-section (2): Effective Date
Explanation: Any order conferring powers takes effect from the date it is communicated to the person being empowered.
Example: If the High Court empowers a Magistrate to conduct summary trials via an order dated June 1st, but the order only reaches the Magistrate on June 5th, the Magistrate can only start exercising those powers from June 5th.
Section 27: Powers of officers appointed
Explanation: If a government officer, who has been granted certain BNSS powers for a specific local area, is appointed to an equal or higher office of the same nature within a similar local area under the same State Government, they will automatically continue to exercise the same powers in the new area. This applies unless the High Court or State Government explicitly directs otherwise.
Example: A Sub-Divisional Magistrate (SDM) who was specifically empowered by the State Government to handle certain preventive actions in District A is transferred and appointed as SDM in District B (under the same State Govt). They automatically retain those specific powers in District B unless the government issues an order saying they don’t.
Section 28: Withdrawal of powers
Sub-section (1): Withdrawal by High Court/State Govt
Explanation: The High Court or the State Government (whichever granted the powers) can withdraw all or any of the powers conferred under BNSS on any person or subordinate officer.
Example: The High Court might withdraw the special powers given to a particular Special Judicial Magistrate if their performance is unsatisfactory.
Sub-section (2): Withdrawal by CJM/DM
Explanation: Powers conferred by a Chief Judicial Magistrate (CJM) or a District Magistrate (DM) can be withdrawn by the respective Magistrate who originally granted them.
Example: If a CJM had authorized subordinate Magistrates to handle specific types of preliminary inquiries, the CJM can later withdraw that authorization.
Section 29: Powers of Judges and Magistrates exercisable by their successors-in-office
Sub-section (1): Successor Powers
Explanation: Subject to other BNSS provisions, the powers and duties of a Judge or Magistrate can be exercised or performed by the person who succeeds them in that office.
Example: If Judge A, who was hearing a case, gets transferred, the succeeding Judge B can continue the proceedings, exercise the same judicial powers, and perform the same duties related to that case.
Sub-section (2): Determining Successor (Judge)
Explanation: If there’s doubt about who the successor-in-office to a Judge is, the Sessions Judge of that division will decide in writing who shall be deemed the successor for BNSS purposes.
Example: If two Additional Sessions Judges are appointed simultaneously upon a vacancy, and there’s confusion about who takes over pending cases, the Principal Sessions Judge will issue an order clarifying who is the designated successor for those specific matters.
Sub-section (3): Determining Successor (Magistrate)
Explanation: If there’s doubt about the successor for any Magistrate, the CJM (for Judicial Magistrates) or the DM (for Executive Magistrates) will decide in writing who the successor is.
Example: If a JMFC is transferred, and two new Magistrates join the district, the CJM will issue an order specifying which of them is the successor-in-office for the transferred Magistrate’s pending caseload.
