Law and You >Procedural Laws > BNSS > Concept Applications 3.2 Powers of Court (2 Marks)
Q1. What is the main purpose of Chapter III of the BNSS?
Chapter III defines the Courts competent to try offences, their sentencing powers, and the manner in which judicial powers are conferred, withdrawn, and continued.
Q2. What is meant by sentence under criminal law?
A sentence is a decree of punishment of the court in Criminal procedure. The sentence can generally involve a decree of imprisonment, a fine and / or other punishments against a defendant convicted of a crime.
Q3. Which Courts can try offences under the Bharatiya Nyaya Sanhita, 2023?
Under Section 21 BNSS, offences under the Bharatiya Nyaya Sanhita, 2023may be tried by the High Court, Court of Session, or Court of Judicial Magistrate specified in the First Schedule of the BNSS.
Q4. What sentence can a High Court pass under BNSS?
Under Section 22(1) BNSS, a High Court may pass any sentence authorised by law.
Q5. What sentences can a Sessions Judge or Additional Sessions Judge pass under BNSS?
Under Section 22(2) BNSS, a Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
Q6. What is the sentencing power of a Chief Judicial Magistrate under BNSS?
Under Section 23(1) BNSS, 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.
Q7. What is the sentencing power of a Judicial Magistrate of the First Class under BNSS?
Under Section 23(2) BNSS, a Judicial 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.
Q8. What is the sentencing power of a Judicial Magistrate of the Second Class under BNSS?
Under Section 23(3) BNSS, a Judicial 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.
Q9. What is meant by community service?
A 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
Q10. What is the purpose of Section 24 BNSS?
Ans. Section 24 deals with imprisonment that may be imposed when a person defaults in payment of a fine.
Q11. What does Section 24 BNSS deal with?
Section 24 BNSS deals with the sentence of imprisonment in default of Fine.
Q12. What are the limitations on awarding imprisonment in default of payment of fine by a Magistrate?
The punishment of imprisonment in default of fine shall not in excess of the powers of the Magistrate under section 23; and shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.
Q13. What does Section 25 BNSS deal with?
Section 25 BNSS deals with the manner of awarding sentences when a person is convicted of several offences at one trial.
Q14. Can sentences for several offences be ordered to run concurrently?
Yes, the Court may direct that the sentences run concurrently instead of consecutively, subject to the provisions of Section 25 BNSS.
Q15. What is meant by concurrent sentencing?
In the concurrent sentencing, the sentences are served at the same time. For example, a person is convicted for offence 1 for 5 years and for offence 2 for 3 years. If the sentences run concurrently, the person serves 5 years, because both sentences overlap.
Q16. What is meant by consecutive sentencing?
In consecutive sentencing the sentences are served one after another. For example, a person is convicted for offence 1 for 5 years and for offence 2 for 3 years. If the sentences run consecutively, the total imprisonment is 8 years.
Q17. What is meant by conferring powers under Section 26 BNSS?
The High Court or State Government may confer powers under the BNSS on persons by name, by virtue of their office, or on classes of officials.
Q18. How may powers be conferred under BNSS?
Powers may be conferred by order and may extend to the whole local area or to a specified area, as provided by law by name, by virtue of their office, or on classes of officials.
Q18. What does Section 27 BNSS provide?
Section 27 BNSS deals with the powers of officers appointed to exercise powers under the BNSS and the extent to which those powers may be exercised.
Q20. Who can withdraw powers conferred under the BNSS?
The authority which conferred the powers may withdraw them under Section 28 BNSS.
Q21. What happens when powers are withdrawn under Section 28 BNSS?
The concerned officer ceases to exercise the powers from the date specified in the withdrawal order.
Q22. What is the effect of Section 29 BNSS?
A Judge or Magistrate’s powers may be exercised by his or her successor in office, subject to the provisions of the Sanhita.
Q23. What is the purpose of Section 29 BNSS?
Section 29 is intended to ensure uninterrupted administration of criminal justice; avoid restarting proceedings because of changes in personnel; remove uncertainty regarding jurisdiction; provide an authoritative mechanism for identifying the proper successor; and maintain continuity in judicial and magisterial functions.
Related Topics:
- Courts by which Offences are Triable and Sentencing Power (Ss. 21 to 23)
- Concept Applications 3.1: MCQs on Power of Courts (Ss. 21 to 29)