What is the maximum sentence a Judicial Magistrate can give?

A Judicial Magistrate First Class can impose a maximum sentence of 3 years imprisonment plus fine. A Chief Judicial Magistrate can impose up to 7 years. Only a Sessions Court can impose more than 7 years, life imprisonment, or the death sentence.

Can a victim hire their own lawyer in a criminal trial?

Under BNSS Section 22 (new provision), in cases involving offences punishable with more than 7 years imprisonment, the victim has the right to engage an advocate of their choice to assist the Public Prosecutor. Under CrPC, this was only allowed with court permission.

Section 26-35 — Courts by Which Offences Are Triable; Sentences Magistrates May Pass; Public Prosecutors | Code of Criminal Procedure | LawCodeHub

Section 26: Subject to the other provisions of this Code, any offence under the Indian Penal Code may be tried by the High Court, or the Court of Session, or any other Court by which such offence is shown in the First Schedule to be triable. Section 28: Except as otherwise expressly provided, the Court of Session may pass any sentence authorised by law. Section 29: 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. Section 29(2): The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years. Section 24: In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.

Explanation

Sections 26–35 define the sentencing jurisdiction of each level of the court hierarchy — what punishment each court level can impose. This is critical because the offence's maximum sentence determines which court level is the appropriate trial court. Court of Session — unlimited sentencing power (death, life, any term); Chief Judicial Magistrate — maximum 7 years; Judicial Magistrate First Class — maximum 3 years; Judicial Magistrate Second Class — maximum 1 year. Section 24's requirement that every Sessions Court trial be conducted by a Public Prosecutor is a foundational protection — ensuring state prosecution is handled by a qualified law officer rather than an investigating police officer. The Public Prosecutor (PP) and Additional Public Prosecutor (APP) are appointed by State Governments and High Courts and are independent of the police, even though they prosecute state cases. The Special Public Prosecutor system (for NDPS, CBI, terrorist cases) operates on the same framework.

Courts by Which Offences Are Triable; Sentences Magistrates May Pass; Public Prosecutors

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