Code of Criminal Procedure, 1973

Powers of Judges and Magistrates exercisable by their successors-in-office.

35. (1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.

(2) When there is any doubt as to who is the successor-in-office of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge.

(3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purpose of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.

COMMENTS

LAW COMMISSION REPORTS

Views on sentencing powers of Magistrates - In regard to sentencing powers of the Chief Judicial Magistrate, the Law Commission observed :

"He (the CJM) would naturally be a senior and experienced Magistrate who could be safely entrusted with the power to impose punishment up to seven years' imprisonment. After the separation of the executive from the judiciary, there would not be any objection to such a Magistrate trying serious cases and awarding sentences up to seven years simply because he is designated as a Magistrate."

In regard to sentencing powers of other Magistrates, the Commission observed :

"When the separation of the judiciary from the executive is fully effected, a great majority of Magistrates will be legally qualified and trained members of the Judiciary who can be entrusted with somewhat higher sentencing powers than they now have."

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