Sentence which magistrates may pass


  • Chief Judicial Magistrate may pass any sentence authorized by law expect a sentence of death or imprisonment for life or imprisonment for a term not exceeding seven years.
  • Magistrates of the first class may pass a sentence of imprisonment for a term not exceeding 3 years or of fine not exceeding five thousands rupees or of both.
  • Magistrates of the second class may pass a sentence of imprisonment for a term not exceeding not one year or of five not exceeding one thousand rupees or of both.
  • Chief metropolitan magistrates shall have the power of the court of a chief judicial magistrate.
  • Metropolitan magistrate have the power of the court of a magistrate of the first class.
  • Executive magistrates may award such term of imprisonment in default of payment of fine as authorized by law.

Subpoena / summons

  • Is a document compelling the attendance of a witness in a court of law under a penalty. When summons is served to the witness the must do so punctually.
  • Non – compliance of witness in a criminal case may render him liable to fine or imprisonment unless a reasonable excuse is forthcoming.


  • “Oaths” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a court of justice or not.
  • On the witness box, before your evidence is taken, you are to be “sworn”.
  • i.e., you have to state an oath that the evidence you are going to give touching the matter before the court shall be the truth, the whole truth and nothing but truth. Then only your evidence is recorded by the judge.
  • Perjury is willful utterance of falsehood under the oath. The witness liable to be prosecuted for Perjury under section 193 of I.P.C. if he fails to state what he known or believes to be true.
Last modified: Tuesday, 5 June 2012, 10:36 AM