Bharatiya Nagarik Suraksha Sanhita, 2023

BNSS Section 23

Sentences which Magistrates may pass

In one line

BNSS Section 23 deals with sentences which magistrates may pass and replaces CrPC 29.

Bare act text — BNSS 23

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 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.

What changed from the CrPC

  • CrPC 29 → BNSS 23: Change in amount of fine: ten thousand is replaced by fifty thousand, and five thousand is replaced by ten thousand.
  • CrPC 29 → BNSS 23: The explanation of Section 23 defines "community service." Sub-section 29(4) CrPC is excluded.

Frequently asked

What was BNSS Section 23 in the CrPC?

BNSS Section 23 (Sentences which Magistrates may pass) replaces Section 29 of the Code of Criminal Procedure, 1973. CrPC 29 is now BNSS 23.

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