
Which of the following courts is having the power to impose the death sentence on the accused due to a criminal case?
A. First class magistrate court.
B. Second class magistrate court.
C. Third class magistrate court.
D. None of these
Answer
556.8k+ views
Hint:
In India, the session courts are being established by the state government for every session division. These are presided over by the Session Court judge. The high court of the state appoints the judges of the session court.
Complete answer:
1) The Court of a Chief Judicial Magistrate can give sentence orders authorized by the law except for the death sentence or life imprisonment. Also, he cannot give imprisonment for a term for more than seven years.
2) A Magistrate of the first class can give the sentence order of imprisonment for a term not more than 3 years or even a fine of more than Rs. 5000 or of both.
3) A Magistrate of the second class can pass the order of sentence of imprisonment for a term, not more than one year, or fine of the amount up to one thousand rupees.
4) A third class magistrate can give an order of the sentence of imprisonment for a term, not more than 6 months.
5) But the Sessions Court in the district has the power to impose the death sentence order in the criminal case.
Thus the correct option is D.
Additional Information:
The Sessions Court is the highest criminal court of any district. It deals with the cases of offences like murder, robbery and dacoit. It has the power to grant a death sentence or life imprisonment. But this is happening only after consulting the High Court in such regard.
Note:
The highest court at the district level is the District and Sessions Court. The District Court is also referred to as a court of Sessions when it exercises the jurisdiction on criminal matters.
In India, the session courts are being established by the state government for every session division. These are presided over by the Session Court judge. The high court of the state appoints the judges of the session court.
Complete answer:
1) The Court of a Chief Judicial Magistrate can give sentence orders authorized by the law except for the death sentence or life imprisonment. Also, he cannot give imprisonment for a term for more than seven years.
2) A Magistrate of the first class can give the sentence order of imprisonment for a term not more than 3 years or even a fine of more than Rs. 5000 or of both.
3) A Magistrate of the second class can pass the order of sentence of imprisonment for a term, not more than one year, or fine of the amount up to one thousand rupees.
4) A third class magistrate can give an order of the sentence of imprisonment for a term, not more than 6 months.
5) But the Sessions Court in the district has the power to impose the death sentence order in the criminal case.
Thus the correct option is D.
Additional Information:
The Sessions Court is the highest criminal court of any district. It deals with the cases of offences like murder, robbery and dacoit. It has the power to grant a death sentence or life imprisonment. But this is happening only after consulting the High Court in such regard.
Note:
The highest court at the district level is the District and Sessions Court. The District Court is also referred to as a court of Sessions when it exercises the jurisdiction on criminal matters.
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