Crpc India pt.

Bodies function under the Code[edit]

1. Supreme Court of India
2. High Courts
3. District and Session Judge and Additional District Judges
4. Judicial Magistrates
5. Executive Magistrates
6. Police
7. Public prosecutors
8. Defence councels
9. correctional services personnel

Sentences which Magistrates may pass[edit]

 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.
 The Courts of Judicial Magistrate of First Class may pass a sentence
of imprisonment for a term not exceeding three years, or of fine not
exceeding ten thousand rupees (sub by act 25 of 2005 for rupees five
thousand), or of both.
 The Courts of Judicial Magistrate of Second Class may pass a
sentence of imprisonment for a term not exceeding one year, or of
fine not exceeding five thousand rupees(sub by act 25 of 2005 for
rupees one thousand), or of both.
 The Court of a Chief Metropolitan Magistrate shall have the powers of
the Court of a Chief Judicial Magistrate and the court of
a Metropolitan Magistrate, shall have the powers of the Courts of
Judicial Magistrate of First Class

Bail[edit]
There is no definition of the term "bail" under the code though the terms
"bailable" and "non-bailable" have been defined. [5] It has however been
defined by the Black's Law Lexicon as security for the appearance of the
accused person on giving which he is released pending trial or
investigation[6]
The First Schedule[7] to the Code, classifies the offences defined in
the Indian Penal Code. Besides specifying whether an offence is
Bailable or Non-Bailable it also specifies if it is Cognizable or Non-
Cognizable, which Court has the jurisdiction to try the said offence, the
minimum and maximum amount of punishment that can or shall be
awarded for the said offence.
The Supreme Court of India can and has from time to time made certain
bailable offences, non-bailable or vice-a-versa by special directions, to
curb increasing menace of certain crimes in the society. [8] The State
Government has the power to make certain offences bailable or non-
bailable in their respective States.[9]

Summary trials[edit]
Section 260 Clause 1 of the Code lists certain offences which may be
summarily trialed by any Chief Judicial Magistrate, any Metropolitan
Magistrate or any Judicial Magistrate First Class. A First Class
Magistrate must first be authorised by the respective High Court to that
effect before he may try cases summarily under this Section.
The offences that may be tried summarily under this Section are:

1. Offences not punishable with death, life imprisonment, or

imprisonment for a term exceeding two years.
2. Theft under Section 379, 380 and 381 of the Indian Penal Code
provided that the value of the stolen property is below ₹2,000.
3. Receiving or retaining stolen property under Section 411 of the
penal code where the value of the stolen property is below ₹2,000.
4. Assisting in the concealment or disposal of stolen property, under
Section 414 of the penal code, the value of the stolen property
being below ₹2,000.
5. Lurking house-trespass (Section 454 of the Indian Penal Code)
and house-breaking (Section 456 of the Penal Code) at night.
6. Insult with an intent to provoke a breach of peace under Section
504 and criminal intimidation under Section 506 of the penal code.
7. Abetting of any of the above-mentioned offences.
8. Attempt to commit any of the above-mentioned offences.
9. Offences with respect to which complaints may be made under
Section 20 of Cattle Trespass Act, 1871.
Apart from the above, a Second Class Magistrate may, if so empowered
by the High Court, summarily try an offence punishable with fine or with
imprisonment not exceeding six months or the abetment or attempt to
commit such an offence. As per section 262(2) no sentence of
imprisonment for a term exceeding three months shall be passed in the
case of any conviction under this chapter 21.
A summary trial tried by a magistrate without being empowered to do so
is void. The procedure for a summoncase is to be followed, subject to
special provisions made in this behalf. The maximum sentence that may
be awarded by way of a summary trial is three months with or without
fine.
The Magistrate may give up the summary trial in favour of the regular
trial if he finds it undesirable to try the case summarily. The judgement is
to be delivered in abridged form.