Criminal penal code 1973
It was enacted by the parliament on 25 Jan 1974. And it was made effective since 1 Apr 1974. Company secretary must need to know about the criminal penal code in case of criminal offence by directors, secretary, and manager or other principal officer under different corporate and industrial laws. Normally IPC & CPC can be read together.
There can be 2 types of offence :-
- Bailable/ Non bailable offence
- Cognizable / Non cognizable offence è
In the first case any arrest can be made without warrant but according to the schedule 1 or under any other law.
In the latter case special authority is needed to make arrest.
Classes of criminal courts:-
- High court
- Court of session
- Judicial magistrate of 1st class / Metropolitan judge
- Judicial Magistrate of 2nd class
- Executive Magistrate
Power of the courts ==
Chapter III of criminal penal code deals with the power of courts . These powers are based upon offences .
- Those come under the category of Indian penal code
- Those which come under any other law.
Power of the courts to pass sentences:-
Section 28 defines the power of the courts to pass sentences. Session judge /additional session judge can’t pass any sentence of death. Additional session Judge can’t also even provide imprisonment for life or for a term exceeding 10 years.
Sentences which magistrate may pass :--
Term Period Fine Judge
Upto 1 yr. 1000 or both. 2nd class magistrate
Upto 3 yrs 5000 or both 1st class magistrate
Upto 7 yrs death or life time imprisonment Chief judicial Magistrate /
Metropoliltian Magistrate.
Sentence of Imprisonment :-
Section 30 defines the limit of Magistrate’s powers to award imprisonment in case of default of fine.
- It should not be in excess of the power of the Magistrate u/s 29
- \It should not exceed ¼ term of the imprisonment.
Regards
Renu
CAclubindia
