F-Suspension and Removal. and re 26. All Judges of Criminal Courts other than the High Suspension Courts established by Royal Charter, and all Magistrates, moval of may be suspended or removed from office by the Local Judges and Government : Provided that such Judges and Magistrates as now are liable to be suspended or removed from office by the Governor General in Council only shall not be suspended or removed from office by any other authority. Magistrates. and re 27. The Governor General in Council may suspend or Suspension remove from office any Justice of the Peace appointed by him, moval of and the Local Government may suspend or remove from Justices of office any Justice of the Peace appointed by it. CHAPTER III. POWERS OF COURTS. A.-Description of Offences cognisable by each Court. the Peace. under Penal Code. 28. Subject to the other provisions of this Code, any of- Offences fence under the Indian Penal Code may be tried by the High Court or Court of Session, or by any other Court1 by which such offence is shown in the eighth column of the second schedule to be triable. 29. Any offence under any other law shall, when any Offences Court is mentioned in this behalf in such law, be tried by under other such Court 2. When no Court is so mentioned, it may be tried by the High Court or by any Court constituted under this Code: provided that (a) no Magistrate of the first class shall try any such of fence which is punishable with imprisonment for a term which may exceed seven years; (b) no Magistrate of the second class shall try any such offence which is punishable with imprisonment for a term which may extend to three years; and 1 The provision as to the other Courts does not cut down or limit the jurisdiction of the High Court or Court of Session, 8 All. 667. 2 See for example the Railway Act, IV of 1879, sec. 50, and the Registra. tion Act, III of 1877 (amended by XII of 1879, sec. 106), sec. 83. laws. Offences not punishable with death. Sentences which High may pass. Sentences which Magistrates may pass. (c) no Magistrate of the third class shall try any such offence which is punishable with imprisonment for a term which may extend to one year. 30. In the territories respectively administered by the Lieutenant-Governor of the Panjáb and the Chief Commissioners of Oudh, the Central Provinces, British Burma, Coorg and Assam, and in those parts of the other Provinces in which there are Deputy Commissioners or Assistant Commissioners, the Local Government may, notwithstanding anything contained in section 29, invest the District Magistrate with power to try as a Magistrate all offences not punishable with death1. B.-Sentences which may be passed by Courts of various Classes. 31. A High Court may pass any sentence authorised by law. A Sessions Judge, Additional Sessions Judge or Joint 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. An Assistant Sessions Judge may pass any sentence authorised by law, except a sentence of death or of transportation for a term exceeding seven years or of imprisonment for a term exceeding seven years; but any sentence of imprisonment for a term exceeding four years, and any sentence of transportation 3, passed by an Assistant Sessions Judge shall be subject to confirmation by the Sessions Judge. 32. The Courts of Magistrates may pass the following sentences, namely:— (a) Courts of Presidency Magistrates and of Magistrates of the first class: 1 See 10 Cal. 85, and sec. 209 infra. * See 9 Bom. 164, and chap. xxxii infra. 3 Act X of 1886, sec. I. Under the Penal Code, sec. 59, a sentence of Imprisonment for a term not exceeding two years, including such solitary confinement as is authorised by law 5; Fine not exceeding one thousand rupees; Whipping. seven years' imprisonment can be commuted to transportation for seven years. of either description as defined in the Penal Code; see the General Clauses Act, supra, vol. i. p. 489. 5 See the Penal Code, secs. 73, 74 (b) Courts of Magistrates of the second class : (e) Courts of Magistrates of the third class. Imprisonment for a term Imprisonment for a term not exceeding one month; rupees. The Court of any Magistrate may pass any lawful sentence, combining any of the sentences-which it is authorised by law to pass. No Court of any Magistrate of the second class shall pass a sentence of whipping unless he is specially empowered in this behalf by the Local Government. imprison. default of fine. to certain 33. The Court of any Magistrate may award such term of Power to imprisonment1 in default of payment of fine as is authorised sentence to by law in case of such default: provided that the term is not ment in in excess of the Magistrate's powers under this Code2: Provided also that in no case decided by a Magistrate Proviso as where imprisonment has been awarded as part of the substantive sentence shall the period of imprisonment awarded in default of payment of the fine exceed one-fourth of the period of imprisonment which such Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. 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 32. cases. 34. The Court of a District Magistrate specially empowered Higher powers of under section 30 may pass any sentence authorised by law, certain Disexcept a sentence of death or of transportation for a term trict Magisexceeding seven years, or of imprisonment for a term exceeding seven years. But any sentence of imprisonment for a term exceeding 1 but not transportation, 5 Mad. 28. * See the Penal Code, sec. 65, and 10 Mad. 165. trates. cases of of several offences at four years 1, and any sentence of transportation, shall be subject to confirmation by the Sessions Judge 2. Sentence in 35. When a person is convicted, at one trial3, of two or conviction more distinct offences, the Court may sentence him, for such offences, to the several punishments prescribed therefor which such Court is competent to inflict: such punishments, when consisting of imprisonment or transportation, to commence the one after the expiration of the other in such order as the Court may direct. one trial. Maximum term of punishment. Ordinary Magis trates. 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 as follows: (a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years: () if the case is tried by a Magistrate (other than a Magistrate acting under section 34), the aggregate punishment shall not exceed twice the amount of punishment which he is, in the exercise of his ordinary jurisdiction, competent to inflict. For the purpose of confirmation or appeal, aggregate sentences passed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence1. C.-Ordinary and Additional Powers. 36. All District Magistrates, Sub-divisional Magistrates powers of and Magistrates of the first, second and third classes have the powers hereinafter respectively conferred upon them and specified in the third schedule. Such powers are called their ordinary powers.' 1 6 Cal. 624. 2 Act X of 1886, sec. 2. 3 This section does not include the case of separate trials held on the same day for separate offences committed by the same person, Madras H. C. Progs., 5 June, 1879, cited by Henderson. 4 10 Bom. 494. A Magistrate must not split up an offence for the purpose of giving himself jurisdiction over the parts which he would not have had over the whole, and thus deprive the prisoner of an appeal, 4 Cal. 18. ferrible 37. In addition to his ordinary powers, any Sub-divisional Additional Magistrate or any Magistrate of the first, second or third powers conclass may be invested by the Local Government or the Dis- on Magistrict Magistrate, as the case may be, with any powers specified in the fourth schedule as powers with which he may be invested by the Local Government or the District Magistrate. trates. 38. The power conferred on the District Magistrate by Control of section 37 shall be exercised subject to the control of the Local Government. D.-Conferment, Continuance and Cancellation of Powers. District Magistrate's investing power. 39. In conferring powers under this Code, the Local Mode of Government may, by order, empower persons specially by conferring name or in virtue of their office, or classes of officials generally by their official titles. Every such order shall take effect from the date on which it is communicated to the person so empowered. powers. powers of trans 40. Whenever any person holding an office in the service Continuof Government who has been invested1 with any powers under ance of this Code throughout any local area is transferred to an equal officers or higher office of the same nature within a like local area ferred. under the same Local Government, he shall, unless the Local Government otherwise directs, or has otherwise directed, continue to exercise the same powers in the local area to which he is so transferred. may be 41. The Local Government may withdraw any powers Powers conferred under this Code on any person by it or by any cancelled. officer subordinate to it. 1 See 2 Cal. 117. 'Formerly District Magistrates had this power. But powers once conferred should not be lightly withdrawn, and the Select Committee deemed it expedient that District |