Section 29 CrPC: Sentences which Magistrates may pass

Code of Criminal Procedure, 1973

Section 29 CrPC at a Glance

Section 29 CrPC deals with sentences which Magistrates may pass. From 1 July 2024 it is replaced by Section 23 BNSS.

Now BNSS

Section 23 →

What Section 29 CrPC Says

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.

Source: Section 29, Code of Criminal Procedure, 1973

Section 29 CrPC in Simple Words

Section 29 of the Code of Criminal Procedure, 1973 sets the sentences which Magistrates may pass. Under Section 29(1) CrPC, 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 29(2) CrPC 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 ten thousand rupees, or of both. Section 29(3) CrPC covers the Court of a Magistrate of the second class.

It may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both. Under Section 29(4) CrPC, the Court of a Chief Metropolitan Magistrate has the powers of the Court of a Chief Judicial Magistrate. The Court of a Metropolitan Magistrate has the powers of the Court of a Magistrate of the first class.

When Section 29 CrPC Applies

  • 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.
  • 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.
  • 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.
  • Under Section 29(4) CrPC, the Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate.
  • 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.

Time Limits Under Section 29 CrPC

  • 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”

Example of Section 29 CrPC

Ramesh appears for sentencing before the Court of a Magistrate of the first class, presided over by Meera. Under Section 29(2) of the Code of Criminal Procedure, 1973, 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. Meera sentences Ramesh to imprisonment for three years and a fine of ten thousand rupees. Because the imprisonment does not exceed three years and the fine does not exceed ten thousand rupees, the sentence is within the power of the Court under Section 29(2) CrPC.

When Section 29 CrPC Does Not Apply

  • Section 29 of the Code of Criminal Procedure, 1973 deals with sentences passed by Magistrates. The sentences which a High Court, a Sessions Judge, an Additional Sessions Judge or an Assistant Sessions Judge may pass are dealt with in Section 28 CrPC.

Section 29 CrPC Under BNSS 23: What Changed

Section 29 CrPC is now covered under Section 23 BNSS.

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.

View detailed comparison (CrPC 29 vs BNSS 23) →

FAQs on Section 29 CrPC

What sentences may the Court of a Chief Judicial Magistrate pass under Section 29 CrPC?▼

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, a sentence of imprisonment for life, or a sentence of imprisonment for a term exceeding seven years. Under Section 29(4) CrPC, the Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate.

What is the sentencing limit of a Magistrate of the first class under Section 29 CrPC?▼

The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or a fine not exceeding ten thousand rupees, or both, under Section 29(2) of the Code of Criminal Procedure, 1973. The Court may impose imprisonment alone, fine alone, or both punishments together within those limits. In addition, Section 29(4) CrPC provides that the Court of a Metropolitan Magistrate shall have the powers of the Court of a Magistrate of the first class.

What sentences may a Magistrate of the second class pass under Section 29 CrPC?▼

Under Section 29(3) of the Code of Criminal Procedure, 1973, 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.

Where is Section 29 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 29 CrPC is found in Section 23 BNSS. Section 29(1) CrPC maps to Section 23(1) BNSS, Section 29(2) CrPC maps to Section 23(2) BNSS, and Section 29(3) CrPC maps to Section 23(3) BNSS. Section 23 BNSS has no sub-section matching Section 29(4) CrPC on Chief Metropolitan Magistrates and Metropolitan Magistrates.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·