Section 23: Sentences which Magistrates may pass

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

5 questions in 25 of our papers cite Section 23. Try these from the free papers:

1. 1. A Judicial Magistrate of the first class tries X at one trial for two distinct offences committed on different occasions. Each offence is punishable with imprisonment which may extend to five years and is triable by a Magistrate of the first class. The Magistrate convicts X of both offences, sentences him to three years' imprisonment for each, and orders the sentences to run consecutively, making six years in all. Under Section 25 of the BNSS, the aggregate sentence is

   A.valid, but only if the Chief Judicial Magistrate confirms the aggregate sentence before it is executedB.valid, because the aggregate does not exceed twice the punishment the Magistrate may inflict for a single offenceC.invalid, because consecutive sentences exceeding three years require the case to be sent to the Court of SessionD.invalid, because a Magistrate of the first class can never award more than three years' imprisonment in a single trial
   Show answer

2. 2. Consider the following statements under Section 23 of the BNSS: 1. The Court of a Magistrate of the second class may impose a fine not exceeding ten thousand rupees. 2. The Court of a Magistrate of the second class may pass a sentence of community service. 3. A convict performing community service ordered by the Court is entitled to remuneration at the minimum wage rate. Which of the statements given above is/are correct?

   A.1 and 2 onlyB.2 and 3 onlyC.1, 2 and 3D.1 only
   Show answer

3. 3. Under Section 23(2) of the BNSS, the Court of a Magistrate of the first class may pass a sentence of fine not exceeding

   A.one lakh rupeesB.fifty thousand rupeesC.ten thousand rupeesD.twenty-five thousand rupees
   Show answer