Trial Courts and Their Sentencing Powers in India - Jurisdiction, Penalties, Fines, Imprisonment

Courts by which offences are triable (Section 21)

This section tells which courts can try which offences under Bharatiya Nyaya Sanhita and under other laws.

Offences under BNS

Any offence under BNS may be tried by:

1. High Court, or
2. Court of Session, or
3. Any other Court mentioned in the First Schedule.

The First Schedule of BNSS decides the trial court for each offence.

Special proviso - Offences under Sections 64 to 71 (offences pertaining to Rape) of Bharatiya Nyaya Sanhita shall be tried, as far as practicable, by a woman Judge.

Offences under other laws

Offences created by special or local laws are to be tried by specific courts mentioned under such law.

If the special or local law does not specify any court, then the offence may be tried by:

1. High Court, or
2. Any other Court shown in the First Schedule.

First Schedule lays down following rules for trial of offences under other laws:

If offence is punishable with:

• Death, imprisonment for life, or Imprisonment for more than 7 years - Court of Session
• Imprisonment for 3 years and upwards but not more than 7 years - Magistrate of First Class
• Imprisonment for less than 3 years or with fine only - Any Magistrate

High Court as a Trial Court

High Court has been recognized as a trial Court under Section 21 but no offence is originally/exclusively assigned to the High Court under the First Schedule. The High Court usually does not conduct trials.

High Court has power to try an offence in following exceptional situations which is called extraordinary criminal jurisdiction of the High Court :

1. Transferred or Withdrawn Cases
   • An offence is tried by the High when the High Court withdraws or transfers the case to itself from the Court of Session or Magistrate on special grounds relating to justice, convenience, or fair trial under Section 447.
2. Inherent Powers of the High Court
   • A High Court can take cognizance of and try certain offenses in its inherent power under Section 528.

Sentencing Powers of Criminal Courts - Section 22 and Section 23

Community Service - “Community service” means 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 (Explanation to Section 23).

Sentence of Imprisonment in Default of Payment of Fine (BNS) (Section 24)

Section 24 explains the power of a Magistrate to award imprisonment when an accused fails to pay the fine imposed by the court. A Magistrate may award imprisonment if the fine is not paid, but only as authorised by law.

Statutory Limitations on Such Imprisonment

The imprisonment in default of fine must satisfy the following conditions:

• Jurisdictional Limit: The term of imprisonment must not exceed the Magistrate’s sentencing powers under Section 23.
• Proportionality Rule: Where substantive imprisonment is already awarded, the default imprisonment cannot exceed one-fourth (¼) of the maximum term of imprisonment the Magistrate is otherwise competent to impose for that offence.

The default imprisonment for non-payment of fine may be awarded in addition to the maximum substantive imprisonment which Magistrate can impose.

Sentence in Cases of Conviction of Several Offences at One Trial (BNS) (Section 25)

Section 25 deals with the sentencing power of the Court when an accused is convicted of multiple offences in a single trial, and explains how punishments may run and the limits on aggregate sentences.

Power to Award Multiple Punishments

When a person is convicted of two or more offences at one trial, the Court may award separate punishments for each offence, and decide whether such punishments shall run concurrently or consecutively.
While deciding concurrency or consecutiveness, the Court must consider the gravity of the offences.

Consecutive Sentences and its Limits

If the Court orders consecutive sentences, then it is not required to send the accused to a higher Court merely because the total (aggregate) punishment exceeds the punishment for a single offence which the concerned Court may impose.
However, the following mandatory limits apply:

1. Maximum Cap: Total imprisonment shall not exceed 20 years, in any case.
2. Competency Limit: Aggregate punishment shall not exceed twice the punishment which the Court is competent to inflict for one offence.

Appeal in cases of Consecutive Sentences

For the purpose of appeal, the aggregate of consecutive sentences shall be treated as a single sentence.