CrPC 29→BNSS 23

CrPC 29 to BNSS 23: Sentences which Magistrates may pass

Section 29 CrPC (1973) replaced by Section 23 BNSS (2023)

View CrPC Section 29 →View BNSS Section 23 →

CrPC 29 to BNSS 23 at a Glance

Section 29 CrPC (Sentences which Magistrates may pass) is now Section 23 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 29 to BNSS 23?

Section 29 of the Code of Criminal Procedure, 1973 became Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 23(1) BNSS has the same text as Section 29(1) CrPC, and the terms of imprisonment in Section 23(2) BNSS and Section 23(3) BNSS are the same. Section 23(2) BNSS reads fifty thousand rupees where Section 29(2) CrPC read ten thousand rupees, and Section 23(3) BNSS reads ten thousand rupees where Section 29(3) CrPC read five thousand rupees. Section 23 BNSS adds community service as a sentence with an Explanation defining it, and does not contain Section 29(4) CrPC on Chief Metropolitan Magistrates and Metropolitan Magistrates.

CrPC 29 vs BNSS 23: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section2923
HeadingSentences which Magistrates may passSame
Sub-sections4 sub-sections3 sub-sections

CrPC 29 and BNSS 23: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 29, CrPC 1973

29. Sentences which Magistrates may pass.—(1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. (2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or of both. (3) The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both. (4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.
BNSS 2023 (in force)

Section 23, BNSS 2023

23. Sentences which Magistrates may pass.—(1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. (2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service. (3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service. Explanation.—"Community service" shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.

When It Applies: CrPC 29 vs BNSS 23

Under CrPC 29
  1. Under Section 29(1) of the Code of Criminal Procedure, 1973, the Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
  2. Under Section 29(2) CrPC, the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or of both.
  3. Under Section 29(3) CrPC, the Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both.
  4. Under Section 29(4) CrPC, the Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate.
  5. Under Section 29(4) CrPC, the Court of a Metropolitan Magistrate shall have the powers of the Court of a Magistrate of the first class.
Under BNSS 23
  1. Under Section 23(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
  2. Under Section 23(2) BNSS, the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.
  3. Under Section 23(3) BNSS, the Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service.
  4. Under the Explanation to Section 23 BNSS, community service means the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which the convict shall not be entitled to any remuneration.

Time Limits: CrPC 29 to BNSS 23

Under CrPC 29
  • Under Section 29(1) and Section 29(4) of the Code of Criminal Procedure, 1973, a sentence of imprisonment passed by the Court of a Chief Judicial Magistrate or a Chief Metropolitan Magistrate may not be for a term exceeding seven years.Act text: “imprisonment for a term exceeding seven years”
  • Under Section 29(2) CrPC and Section 29(4) CrPC, a sentence of imprisonment passed by the Court of a Magistrate of the first class or a Metropolitan Magistrate shall be for a term not exceeding three years.Act text: “imprisonment for a term not exceeding three years”
  • Under Section 29(3) CrPC, a sentence of imprisonment passed by the Court of a Magistrate of the second class shall be for a term not exceeding one year.Act text: “imprisonment for a term not exceeding one year”
Under BNSS 23
  • Under Section 23(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a sentence of imprisonment passed by the Court of a Chief Judicial Magistrate may not be for a term exceeding seven years.Act text: “imprisonment for a term exceeding seven years”
  • Under Section 23(2) BNSS, a sentence of imprisonment passed by the Court of a Magistrate of the first class shall be for a term not exceeding three years.Act text: “imprisonment for a term not exceeding three years”
  • Under Section 23(3) BNSS, a sentence of imprisonment passed by the Court of Magistrate of the second class shall be for a term not exceeding one year.Act text: “imprisonment for a term not exceeding one year”

What CrPC 29 to BNSS 23 Means in Practice

From 1 July 2024, the provision on sentences which Magistrates may pass is found in Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 29 of the Code of Criminal Procedure, 1973. The Court of a Magistrate of the first class may pass a fine not exceeding fifty thousand rupees, and the Court of Magistrate of the second class a fine not exceeding ten thousand rupees, and both may pass a sentence of community service. Section 23 BNSS has no provision on Chief Metropolitan Magistrates or Metropolitan Magistrates.

FAQs: CrPC 29 to BNSS 23

How did the maximum fine limits for Magistrates change from Section 29 CrPC to Section 23 BNSS?▼

For the Court of a Magistrate of the first class, the maximum fine increased from ten thousand rupees in Section 29(2) of the Code of Criminal Procedure, 1973 to fifty thousand rupees in Section 23(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. For the Court of a Magistrate of the second class, the maximum fine increased from five thousand rupees in Section 29(3) CrPC to ten thousand rupees in Section 23(3) BNSS. The maximum imprisonment terms of three years and one year are unchanged.

What new form of punishment was added in Section 23 BNSS compared to Section 29 CrPC?▼

Section 23(2) and Section 23(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 empower Magistrates of the first class and second class to pass a sentence of community service, which did not exist in Section 29 of the Code of Criminal Procedure, 1973. A new Explanation to Section 23 BNSS defines community service as work which the Court may order a convict to perform as a form of punishment that benefits the community, for which the convict shall not be entitled to any remuneration.

Did Section 23 BNSS retain the provision on Chief Metropolitan Magistrates and Metropolitan Magistrates from Section 29(4) CrPC?▼

No. Section 29(4) of the Code of Criminal Procedure, 1973 provided that the Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate, and that of a Metropolitan Magistrate the powers of the Court of a Magistrate of the first class. Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not contain that sub-section. Section 23(1) BNSS has the same text as Section 29(1) CrPC on the Court of a Chief Judicial Magistrate.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·