Criminal Procedure

Powers of Criminal Courts and Sentencing Jurisdiction

Learn which criminal court may try an offence and the sentencing powers of High Courts, Sessions Judges and Magistrates under BNSS.

By Advocate Aditya Sharma7 min read

Quick answer

Trial competence comes from BNSS, the First Schedule and special laws, while sentencing power places a separate ceiling on what each criminal court may impose.

The legal framework

Trial competence comes from BNSS, the First Schedule and special laws, while sentencing power places a separate ceiling on what each criminal court may impose. Procedure is not a technical afterthought. It distributes coercive power, protects participation and creates a reliable path from information about crime to a lawful judicial outcome.

Court of trial

BNS offences are tried by the High Court, Court of Session or court shown in the First Schedule. Special-law offences follow that law or the Schedule.

Superior courts

A High Court may pass any lawful sentence. Sessions Judges may also do so, but every death sentence requires High Court confirmation.

Magistrate limits

A CJM cannot impose death, life imprisonment or more than seven years; first-class and second-class Magistrates have lower imprisonment and fine ceilings.

Application and safeguards

A strong procedural answer names the correct authority, checks jurisdiction, follows the statutory sequence and identifies the consequence of compliance or breach.

Community service

Both classes of Judicial Magistrate may impose community service where the offence authorises it, meaning unpaid work benefiting the community.

Multiple convictions

Section 25 requires the court to choose concurrent or consecutive operation by considering gravity, subject to aggregate statutory limits.

Power must be conferred

Sections 26 to 29 govern conferment, continuity, withdrawal and exercise by successors; office alone does not supply every BNSS power.

Landmark cases

Learn the facts, the rule and why the case matters. The citation alone will not strengthen an answer.

Moly v. State of Kerala

(2004) 4 SCC 584

Held: A criminal court cannot impose a sentence beyond the competence conferred on its class by procedural law.

Use in an answer: Use this authority to explain the controlling procedural safeguard in powers of criminal courts and sentencing jurisdiction.

O.M. Cherian v. State of Kerala

(2015) 2 SCC 501

Held: Concurrent or consecutive sentences require judicial application of mind to proportionality, transaction and total punishment.

Use in an answer: Use this authority to explain the controlling procedural safeguard in powers of criminal courts and sentencing jurisdiction.

How to write this answer in an exam

  1. Identify the present procedural stage.
  2. Name the authority empowered to act.
  3. State the BNSS provision and statutory conditions.
  4. Apply the facts to each required step and safeguard.
  5. Conclude with the valid next step or available remedy.

Quick revision

  • Trial competence comes from BNSS, the First Schedule and special laws, while sentencing power places a separate ceiling on what each criminal court may impose.
  • BNS offences are tried by the High Court, Court of Session or court shown in the First Schedule. Special-law offences follow that law or the Schedule.
  • A High Court may pass any lawful sentence. Sessions Judges may also do so, but every death sentence requires High Court confirmation.
  • Both classes of Judicial Magistrate may impose community service where the offence authorises it, meaning unpaid work benefiting the community.
  • Always separate statutory power from the manner in which that power must be exercised.

Test yourself

  1. Which BNSS provision controls powers of criminal courts and sentencing jurisdiction?
  2. Who is empowered to act and what must be recorded?
  3. What remedy follows if the required process is refused or breached?

Frequently asked questions

Can older CrPC judgments still be used after BNSS?

Yes, where the corresponding BNSS language and principle remain materially similar. Current BNSS wording controls whenever it introduces a new condition, timeline, electronic process or remedy.

Does every breach of criminal procedure invalidate the case?

No. The consequence depends on whether the rule is mandatory, the remedy stated by BNSS and whether the defect caused prejudice or a failure of justice.

Sources and further reading

Continue learning

Criminal ProcedureConstitution and Hierarchy of Criminal CourtsStudy the criminal court hierarchy under BNSS, including Sessions Courts, Judicial and Executive Magistrates, territorial divisions and subordination.Criminal ProcedureBasic Concepts and Definitions under BNSSLearn essential BNSS definitions including bail, bond, complaint, cognizable offence, inquiry, investigation, victim and warrant case.Criminal ProcedureSuperior Police Officers and Public AssistanceUnderstand superior police powers and when BNSS requires the public, warrant assistants and village officers to help criminal justice authorities.Criminal ProcedureBNSS: Object, Scope, Commencement and TransitionUnderstand the object, scope and commencement of BNSS, its relationship with special laws, electronic procedure and transition from the CrPC.