What Is BNSS Section 23?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 23: Sentences Which Magistrates May Pass

(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 a 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.

Brefe Detail

This section defines the sentencing powers of various magistrates under the Bharatiya Nagarik Suraksha Sanhita, 2023. It specifies that:

• The Chief Judicial Magistrate can impose any lawful sentence except for death, life imprisonment, or imprisonment exceeding seven years.
• First-class Magistrates can impose sentences up to three years of imprisonment, fines up to fifty thousand rupees, or community service.
• Second-class Magistrates can impose sentences up to one year of imprisonment, fines up to ten thousand rupees, or community service.

Question & Answers

Q1: What types of sentences can a Chief Judicial Magistrate impose?

A1: A Chief Judicial Magistrate may pass any sentence authorised by law, except for death sentences, life imprisonment, or imprisonment for a term exceeding seven years.

Q2: What is the maximum sentence a first-class Magistrate can impose?

A2: A first-class Magistrate can impose a sentence of imprisonment for a term not exceeding three years, a fine not exceeding fifty thousand rupees, or both, including community service.

Q3: What can a second-class Magistrate sentence?

A3: A second-class Magistrate can impose a sentence of imprisonment for a term not exceeding one year, a fine not exceeding ten thousand rupees, or both, including community service.

Q4: What does community service mean in this context?

A4: Community service refers to work ordered by the Court for a convict to perform as punishment that benefits the community, without any entitlement to remuneration.

Example

• Example 1: A Chief Judicial Magistrate sentences a defendant to five years in prison for fraud, as this is within the allowed range.
• Example 2: A first-class Magistrate imposes a sentence of community service and a fine of thirty thousand rupees for a minor offense.
• Example 3: A second-class Magistrate orders a defendant to serve six months in prison for theft, as it is within the one-year limit.

Summary

Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the sentencing authority of different magistrates, detailing the limits and types of sentences that can be imposed by Chief Judicial Magistrates, first-class, and second-class Magistrates, including the provision for community service as a form of punishment.