(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 fifty thousand rupees, or of both, or of community service. (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 ten thousand rupees, or of both, or of community service. Explanation.—“Community service” shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.
Bharatiya Nagarik Suraksha Sanhita
Section 23
Sentences which Magistrates may pass
⚡ Quick Answer Reference: Section 23 BNSS
- Provision: Section 23 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWER OF COURTS
- Jurisdiction: India
- Summary: This section explains the types of sentences that can be passed by different types of magistrates in India. It lists the maximum terms of imprisonment and fines that can be imposed by Chief Judicial Magistrates, Magistrates of the first class, and Magistrates of the second class.
What does Section 23 of BNSS say?
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What does Section 23 of BNSS mean?
Plain English Explanation
This section explains the types of sentences that can be passed by different types of magistrates in India. It lists the maximum terms of imprisonment and fines that can be imposed by Chief Judicial Magistrates, Magistrates of the first class, and Magistrates of the second class.
Practical Interpretation
In real legal practice, this section is used to determine the appropriate sentence for a convicted person based on the type of magistrate who heard the case. The sentence must not exceed the maximum term or fine specified in the section.
Core Legal Purpose
The core purpose of this section is to provide a framework for magistrates to pass sentences that are proportionate to the severity of the offence and the circumstances of the case.
- •The type of magistrate hearing the case (Chief Judicial Magistrate, Magistrate of the first class, or Magistrate of the second class).
- •The maximum term of imprisonment or fine that can be imposed by the magistrate.
- •The types of sentences that can be passed (imprisonment, fine, or community service).
- •The maximum term of imprisonment or fine that can be imposed by each type of magistrate (seven years, three years, or one year, and fifty thousand rupees or ten thousand rupees).
Practical Example of Section 23 BNSS
Rajesh is convicted of a minor offence by a Magistrate of the second class. The magistrate can pass a sentence of imprisonment for a term not exceeding one year, or a fine not exceeding ten thousand rupees, or both, or community service. The magistrate orders Rajesh to perform community service for three months, which benefits the community and does not entitle him to any remuneration.
Frequently Asked Questions about Section 23 BNSS
Q: What is the punishment or consequence under Section 23 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The punishment or consequence depends on the type of magistrate and the maximum term or fine specified in the section.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the powers of magistrates to pass sentences.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the classification of offences as bailable or cognizable. However, the classification of an offence as bailable or cognizable would depend on other provisions of the BNSS or related codes.
Common Questions about Section 23 BNSS
What is Section 23 of BNSS?
Section 23 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Sentences which Magistrates may pass". In plain terms: This section explains the types of sentences that can be passed by different types of magistrates in India. It lists the maximum terms of imprisonment and fines that can be imposed by Chief Judicial Magistrates, Magistrates of the first class, and Magistrates of the second class.
What is the punishment under Section 23 of BNSS?
Section 23 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 23 of BNSS bailable or non-bailable?
Whether Section 23 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 23 of BNSS?
The essential elements of Section 23 of BNSS are: The type of magistrate hearing the case (Chief Judicial Magistrate, Magistrate of the first class, or Magistrate of the second class).; The maximum term of imprisonment or fine that can be imposed by the magistrate.; The types of sentences that can be passed (imprisonment, fine, or community service)..
Landmark Judgments under Section 23 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 23
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