Section 29 CrPC - Sentences Which Magistrates May Pass

Section 29 of the Code of Criminal Procedure, 1973 defined the maximum sentencing powers of different classes of Magistrates. This page explains the central law as it stood immediately before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.

Historical law position: The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 with effect from 1 July 2024, subject to the saving and transitional provisions governing pending matters. For the corresponding provision under the BNSS, see Section 23 of the BNSS.

What did Section 29 CrPC provide?

Section 29 CrPC prescribed the sentencing limits of the Chief Judicial Magistrate, Judicial Magistrate of the First Class and Judicial Magistrate of the Second Class. It also equated the sentencing powers of the Chief Metropolitan Magistrate with those of the Chief Judicial Magistrate and the powers of a Metropolitan Magistrate with those of a Magistrate of the First Class.

Text and meaning of Section 29 CrPC

Section 29(1): The Court of a Chief Judicial Magistrate could pass any sentence authorised by law except a sentence of death, imprisonment for life, or imprisonment for a term exceeding seven years.

Section 29(2): A Magistrate of the First Class could pass imprisonment for a term not exceeding three years, a fine not exceeding ten thousand rupees, or both.

Section 29(3): A Magistrate of the Second Class could pass imprisonment for a term not exceeding one year, a fine not exceeding five thousand rupees, or both.

Section 29(4): A Chief Metropolitan Magistrate had the powers of a Chief Judicial Magistrate, while a Metropolitan Magistrate had the powers of a Magistrate of the First Class.

Sentencing limits under Section 29

Court	Maximum imprisonment under Section 29	Fine under central CrPC provision
Chief Judicial Magistrate	Up to seven years	Any fine authorised by the applicable law, subject to the sentence being otherwise within jurisdiction
Judicial Magistrate First Class	Up to three years	Up to Rs. 10,000
Judicial Magistrate Second Class	Up to one year	Up to Rs. 5,000
Chief Metropolitan Magistrate	Same powers as Chief Judicial Magistrate	Same powers as Chief Judicial Magistrate
Metropolitan Magistrate	Same powers as Magistrate First Class	Same powers as Magistrate First Class

Meaning of important terms

Sentence authorised by law

A Magistrate could impose only a punishment permitted for the offence by the substantive penal law and only within the sentencing limit conferred on that class of Magistrate by the CrPC. Section 29 therefore operated as a jurisdictional ceiling; it did not itself create the punishment for an offence.

Chief Judicial Magistrate

A Chief Judicial Magistrate was the senior Judicial Magistrate contemplated by the CrPC for a district. Under Section 29(1), the court could impose any sentence authorised by law except death, life imprisonment or imprisonment exceeding seven years.

Metropolitan Magistrates

Section 29(4) aligned metropolitan sentencing powers with the corresponding judicial-magistracy structure: the Chief Metropolitan Magistrate had the powers of a Chief Judicial Magistrate, and a Metropolitan Magistrate had the powers of a First Class Magistrate.

2005 amendment to the fine limits

The Code of Criminal Procedure (Amendment) Act, 2005 increased the central fine limit in Section 29(2) from Rs. 5,000 to Rs. 10,000 and in Section 29(3) from Rs. 1,000 to Rs. 5,000, with effect from 23 June 2006. These were the central CrPC figures immediately before commencement of the BNSS.

State amendments: Certain States enacted amendments affecting the monetary limits or operation of Section 29. The applicable State amendment should therefore be checked for a case arising within a State where such an amendment was in force.

Relationship with Sections 30 and 31 CrPC

Section 30 dealt with imprisonment in default of payment of fine and expressly linked that power to the Magistrate's limits under Section 29. Section 31 dealt with sentences where a person was convicted of two or more offences at one trial and prescribed separate rules for consecutive sentences and their aggregate.

Position after commencement of BNSS

For proceedings governed by the Bharatiya Nagarik Suraksha Sanhita, 2023, the corresponding provision is Section 23, titled "Sentences which Magistrates may pass." The BNSS provision should be consulted for proceedings governed by the new procedural law. The CrPC may nevertheless remain relevant to saved or pending proceedings under the applicable transitional provisions.

Official legal sources

For authoritative statutory text, see the Code of Criminal Procedure, 1973 on India Code and the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code.

This article explains the general statutory position and should be read with applicable State amendments, special statutes and the facts of the particular case.