Section 23 BNSS: Sentences which Magistrates may pass
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 23 BNSS at a Glance
Section 23 BNSS deals with sentences which Magistrates may pass. It replaced Section 29 CrPC on 1 July 2024.
Section 23 BNSS Bare Act Text
(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.
Source: Section 23, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 23 BNSS in Simple Words
Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets the sentences which Magistrates may pass. Under Section 23(1) BNSS, the Court of a Chief Judicial Magistrate may pass any sentence authorised by law except the sentences named next. Those are a sentence of death, a sentence of imprisonment for life, and a sentence of imprisonment for a term exceeding seven years.
Section 23(2) BNSS covers the Court of a Magistrate of the first class. It 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. Section 23(3) BNSS covers the Court of Magistrate of the second class.
It 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. Under the Explanation, community service means the work which the Court may order a convict to perform as a form of punishment that benefits the community. The convict shall not be entitled to any remuneration for that work.
When Section 23 BNSS Applies
- 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.
- 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.
- 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.
- 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 Under Section 23 BNSS
- 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”
Example of Section 23 BNSS
When Section 23 BNSS Does Not Apply
- Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with sentences passed by Magistrates. The sentences which a High Court, a Sessions Judge or an Additional Sessions Judge may pass are dealt with in Section 22 BNSS.
Section 23 BNSS in the CrPC (Previous Law)
Section 23 BNSS replaced Section 29 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 23 BNSS
What sentences may the Court of a Chief Judicial Magistrate pass under Section 23 BNSS?▼
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, a sentence of imprisonment for life, or a sentence of imprisonment for a term exceeding seven years.
What sentences may Magistrates of the first class and second class pass under Section 23 BNSS?▼
The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, a fine not exceeding fifty thousand rupees, both, or community service under Section 23(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 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, a fine not exceeding ten thousand rupees, both, or community service.
What does community service mean under Section 23 BNSS?▼
The Explanation to Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says community service means the work which the Court may order a convict to perform as a form of punishment that benefits the community. The convict shall not be entitled to any remuneration for that work. Section 23(2) BNSS and Section 23(3) BNSS list community service among the sentences a Magistrate of the first class or second class may pass.
What changed from Section 29 CrPC to Section 23 BNSS from 1 July 2024?▼
From 1 July 2024, Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 29 of the Code of Criminal Procedure, 1973. Section 23(2) BNSS reads fine not exceeding fifty thousand rupees where Section 29(2) CrPC read ten thousand rupees, and Section 23(3) BNSS reads fine not exceeding ten thousand rupees where Section 29(3) CrPC read five thousand rupees. Section 23(2) BNSS and Section 23(3) BNSS add community service as a sentence, and an Explanation defines community service. Section 23 BNSS does not contain Section 29(4) CrPC on Chief Metropolitan Magistrates and Metropolitan Magistrates. Section 23(1) BNSS has the same text as Section 29(1) CrPC.
Section 23 BNSS: Sub-sections Explained
Section 23(1) BNSS: Sentences which Magistrates may pass
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Bare Act Text
(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.
Section 23(2) BNSS: Sentences which Magistrates may pass
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Bare Act Text
(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.
Section 23(3) BNSS: Sentences which Magistrates may pass
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·