INDIAN:The Code of Criminal Procedure, 1973 (CrPc)

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22. Local Jurisdiction of Executive Magistrates.

(1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

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23. Subordination of Executive Magistrates.

(1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a Sub -division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate.

(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an additional District Magistrate.

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24. Public Prosecutors.
1[24. Public Prosecutors.

(1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutor for conducting in such court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be.

(2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case or class of cases in any district, or local area.

(3) For every districts the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district:

Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district.

(4) The District Magistrate shall, in consolation with the Sessions Judge, prepare, a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutor or Additional Public Prosecutors for the district.

(5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate under sub-section (4).

(6) Not withstanding anything contained in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting, such Cadre:

Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by, the District Magistrate under sub-section (4).

(7) A person shall be eligible to be appointed as a public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years.

(8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor.

(9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice, is a pleader, or has rendered (whether before or after the commencement of this Code) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate.]

1. Subs. by Act 45 of 1978 sec. 8, for section 24 (w.e.f 18-12-1978).

STATE AMENDMENTS


Bihar:

In section 24, for subsection (6) the following sub-section shall be substituted.

"(6) Notwithstanding anything contained in sub-section (5) where in a State there exists a in a State there exists a regular Cadre of prosecuting officers, the State Government may also appoint a Public Prosecutor from among the persons constituting such Cadre.-

[Vide Bihar Act 16 of 1984 sec. 2 (w.e.f. 24-8-1984)].

Haryana:

To Sub-section (6) of section 24, the following Explanation shall be added, namely.

"Explanation.For the Purpose of sub-section (6), the persons constituting the Haryana State Prosecution Legal Service (Group A) or Haryana State Prosecution Legal Service (Group B), shall be deemed to be a regular Cadre of Prosecuting Officers.

[Vide Haryana Act 14 of 1985, sec. 2].

Karnataka:

In section 24 of the Principle Act, in sub-section (1), -

(i) The words "or the State Government shall", shall be omitted; and

(ii) For the words "appoint a Public Prosecutor" the words "or the State Government shall appoint a Public Prosecutor" shall be substituted.

[Vide Karnataka Act 20 of 1982, sec. 2 (w.e.f. 3-9-1981)].

Madhya Pradesh:

In section 24, -

(i) In sub-section (6), for the words, 'rackets and figure "Notwithstanding anything contained in subsection (5)", the words, brackets, letter and figures "Notwithstanding anything contained in sub-section (5), but subject to the provisions of sub-section (6-A)" shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978;

(ii) After sub-section (6), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from 18th December 1978, namely:

"(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the person constituting the Cadre of Prosecution Officers in the State of Madhya Pradesh and the provisions of sub-section (4) and (5) shall apply to the appointment of a Public Prosecutor Additional Public Prosecutor under this sub-section":

(iii) In sub-section (7), after the words, bracket and figure "sub-section (6)", the words, brackets, figure and letter "or sub-section (6-A)" shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978: and

(iv). In sub-section (9), for the words, brackets and figure, "sub-section (7)", the words, brackets, figures and letter "sub-section (6-A) and sub-section (7)" shall be substituted and shall be deemed to have been substituted with effect from 18th December 1978.

(Vide M.P. Act 21 of 1995, sec. 3 (w.e.f. 24-5-1995).

Maharashtra:

In section 24, -

(a) In sub-section (1), the words "after consultation with the High Court" shall be deleted;

(b) In sub-section (4), for the words "in consultation with the Sessions Judge" the words "with the approval of the State Government", shall be substituted.

[Vide Maharashtra Act 34 of 1981 sec. 2 (w.e.f 20-5-1981)].

Rajasthan:

In section 24, for sub-section (6) shall be substituted by the following, namely.

"(6) Notwithstanding anything contained in sub-section (5), wherein a State there exists a regular Cadre of Prosecuting Officers, the State Government may also appoint a Public Prosecutor or an Additional Public Prosecutor from among the persons constituting such Cadre."

[Vide Rajasthan Act 1 of 1981, sec. 2 (w.e.f. 10-12-1980)].

Tamil Nadu:

In section 24 -

(a) . In sub-section (6), after the expression "sub-section (5)" insert the following. Namely.

"But subject to the provisions of sub-section (6-A)":

(b) After sub-section (6), insert the following sub-section namely.

"(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years, as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public

Prosecutor for the district from among the persons constituting the Cadre of Prosecuting Officers in the State of, Tamil Nadu and the provisions of sub-sections (4) and (5) shall apply, to the appointment of a Public Prosecutor or Additional Public Prosecutor under this sub-section."

(c) "In sub-section (7), after the expression "sub-section (6)" insert "or sub-section (6A)".

[Vide T.N. Act 42 of 1980 sec. 2 (w.e.f 1-12-1980)].

Uttar Pradesh:

In section 24, -

(a) In subsection (1) after the words "Public Prosecutor" the words and one or more Additional Public Prosecutors shall be inserted and be deemed always to have been inserted.

(b) After sub-section (6), the following sub-section shall be inserted and be deemed always to have been inserted, namely.

"(7) For the purpose of sub-sections (5) and (6), the period during which a person has been in practice as a pleader, or has rendered service as a Public Prosecutor, shall be deemed to be the period during which such person has been in practice as an advocate.

[Vide U.P. Act 33 of 1978, sec. 2 (w.e.f. 9-10-1978)].

In section 24, -

(a) In sub-section (1), the words "after consultation with the High Courts" shall be omitted;

(b) Sub-sections (4), (5) and (6) shall be omitted;

(c) In subsection (7), the words "or sub-section (6)" shall be omitted.

[Vide U.P. Act 18 of 1991, sec. 2 (w.e.f 16-2-1991)].

West Bengal:

In subsection (6) of section 24, for the words "shall appoint a Public Prosecutor or an Additional Public Prosecutor only" the words "may also appoint a Public Prosecutor or an Additional Public Prosecutor" shall be substituted.

[Vide W.B. Act 26 of 1990.]

In Sub-section (6) of' section 24, the proviso shall be omitted.

[Vide, W.B. Act 25 of 1992].

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25. Assistant Public Prosecutors.

(1) The State Government shall appoint in every district one or more Assistant public Prosecutors for conducting prosecutions in the courts of Magistrates.

1[(1A) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the courts of Magistrates]

(2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor.

(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case:

Provided that a police officer shall not be so appointed-

(a) If he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted: or

(b) If he is below the rank of Inspector.

1. Ins. by Act 45 of 1978, sec. 9 (w.e.f.18-12-1976).

STATE AMENDMENTS


Orissa:

In subsection (2) of- section 25, the following proviso shall be inserted, namely.

"Provided that nothing in this sub-section shall be construed to prohibit the State government from exercising its Control over Assistant Public Prosecutor through police officers.

[Vide Orissa Act 6 of' 1995 (w.e.f 10-3-1995).

Uttar Pradesh:

In subsection (2) of' section 25, the following proviso shall be inserted and be deemed always to have been inserted, namely.

"Provided that nothing in this subsection shall be construed to prohibit the State Government from exercising its control over Assistant Public Prosecutor through police officers."

[Vide U.P. Act 16 of 1976. sec. 5 (w.e.f 30-4-1976)].

West Bengal:

For subsection (3) of section 25,the following sub-section shall be substituted, namely.

"(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, any advocate may be appointed to be the Assistant Public Prosecutor in charge of that case.

(a). Where the case is before the court of Judicial Magistrate in any area in sub-division, where the headquarters of the District Magistrate are situated, by the District Magistrate; or

(b). Where the case is before the court a Judicial Magistrate in any area in sub-division, other than the sub-division referred to in clause (a), wherein the headquarters of the Sub-divisional Magistrate are situated, by the Sub-divisional Magistrate; or

(c). Where the case is before the court of a Judicial Magistrate in any area, other than the area referred to in clauses (a) and (b), by the local officer (other than police officer) specially authorized by the District Magistrate in this behalf.

Explanation. For the purposes of this sub-section, -

(i) "Advocate" shall have the same meaning as in the Advocates Act, 1961 (5 of 1961);

(ii) "Local officer" shall mean an officer of the State Government in any area, other than the area referred to in clauses (a) and (b).

[Vide W.B. Act, 17 of 1985, sec. 3].

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26. Courts by which offences are triable.

Subject to the other provisions of this Code,-

(a) Any offence under the Indian Penal Code (45 of 1860) may be tried by-

(i) The High Court, or

(ii) The Court of Session, or

(iii) Any other court by which such offence is shown in the First Schedule to be triable;

(b) Any offence under any other law shall, when any court is mentioned in this behalf in such law, be tried by such court and when no court is so mentioned, may be tried by.

(i) The High Court, or

(ii) Any other court by which such offence is shown in the First Schedule to be triable.

STATE AMENDMENT


Uttar Pradesh:

In section 26 for clause (b), the following clause shall be substituted, namely.

(b) Any offence under any other law may be tried-

(i) When any Court is mentioned in this behalf in such law, by such court, or by any court superior in rank to such court, and

(ii) When any court is so mentioned, by any court by which such offence is shown in the First Schedule to be triable, or by any court superior in rank to such court.

[Vide U.P. Act 1 of 1984. sec. 6 (w.e.f. 1-5-1984)].

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27. Jurisdiction in the case of juveniles.

Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the court is under the age of sixteen years, may be tried by the court of' a Chief- Judicial Magistrate, or by any court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.

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28. Sentences which High Courts and Sessions Judges may pass.

(1) A High Court may pass any sentence authorized by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High court.

(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

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29. 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 five thousand rupees, or both.

(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 one thousand rupees, or of both.

(4) The court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

STATE AMENDMENT


Punjab:

After section 29, the following section shall be inserted, namely.

"29A. Sentences which Executive Magistrate may puss. An Executive Magistrate may pass a sentence of imprisonment of a term not exceeding three years or of fine not exceeding five thousand rupees, or both.

[Vide Punjab Act 22 of 1993 (w.e.f. 27-6-1993)].

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30. Sentence of imprisonment in default of fine.

(1) The court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:

Provided that the term-

(a) Is not in excess of the powers of the Magistrate under section 29;

(b) 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.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.

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31. Sentence in cases of conviction of several offences at one trial.

(1) When a person is convicted at one trial of two or more offences, the court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments, prescribed therefore which such court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishments shall run concurrently.

(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment, which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher court:

Provided that-

(a) In no case shall such person be sentenced to imprisonment for a longer period than fourteen years;

(b) The aggregate punishment shall not exceed twice the amount of punishment, which the court is competent to inflict for a single offence.

(3) For the purpose of 'appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.

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