CRIMINAL COURTS UNDER BNSS

ASPECT

Cr.P.C.

BNSS

Courts Authorized to Try Cases

Section 26:

• The High Court, The Court of Session and any other court as per First Schedule. 
• Any offense under section 376, 376A to 376E of IPC shall be tried as far as practicable by a court presided over by a woman. 

Section 21:

• The High Court, The Court of Session and any other court as per First Schedule.
• Any offense under section 64 to 67 of Bharatiya Nyaya Sanhita,2023 ( BNS) shall be tried as far as practicable by a court presided over by a woman.

Sentences which High Courts and Session Judges may pass 

Section 28:

• Any sentence can be passed by High Court but Sessions Judge and Additional Sessions Judge may only pass the sentence of death upon the confirmation of high court. An Assistant Sessions Judge may pass any sentence except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding 10 years 

Section 22: 

• Any sentence can be passed by High Court but Sessions Judge and Additional Sessions Judge may only pass the sentence of death upon the confirmation of high court. Power of Assistant Sessions Judge to pass sentences under section 28(3) of Cr.P.C. has been omitted by section 22 of BNSS

Sentences which Magistrates may pass 

Section 29:

• The Court of Chief Judicial Magistrate may pass any sentence except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding 7 years.
• The Court of a Judicial Magistrate of the first class: sentence of imprisonment for a term not exceeding three years, or of fine not exceeding Rs. 10,000 or
• The Court of a Judicial Magistrate of the second class: sentence of imprisonment for a term not exceeding one year, or of fine not exceeding Rs. 5,000.
• The Court of Chief Metropolitan Magistrate shall have the powers of the court of a Chief Judicial Magistrate and Metropolitan Magistrate will have the powers of the Court of a Magistrate of First Class. 
• No provision for community service

Section 23:

• The Court of Chief Judicial Magistrate may pass any sentence except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding 7 years.
• The Court of a Judicial Magistrate of the first class:sentence of imprisonment for a term not exceeding three years, or of fine not exceeding Rs.50,000.
• The Court of a Judicial Magistrate of the second class: sentence of imprisonment for a term not exceeding one year, or of fine not exceeding Rs. 10,000
• Concepts as to ‘Metropolitan Area’ and ‘Metropolitan Magistrate’ are abolished. 

• Court can impose fine or community service or both where 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.

Sentence in cases of conviction of several offenses at one trial.

Section 31:

• When a person is convicted of two or more offenses in one trial, the court can give separate punishments for each offense. These punishments are to be served one after the other (consecutive) or at the same time (concurrently) unless the court decides. 

However, two important limits apply:

1. A person cannot be sentenced to more than 14 years in total.
2. The total punishment cannot be more than twice what the court can give for a single offense.

Section 25:

• Brings changes regarding sentence in cases of conviction of several offenses at one trial. It omits the ‘by default rule’ that punishments shall run consecutively in the order directed by the court. Section 25 requires the court to consider the gravity of offenses and clearly order such punishments to run consecutively or concurrently. 

The Maximum punishments for such cases has also been increased from 14 years to 20 years, marking a significant shift in the sentencing framework.