POWER OF COURTS
21. Courts by which offences are triable
22. Sentences which High Courts and Sessions Judges may pass
23. Sentences which Magistrates may pass
24. Sentence of imprisonment in default of fine
25. Sentence in cases of conviction of several offences at one trial
26. Mode of conferring powers
27. Powers of officers appointed
28. Withdrawal of powers
29. Powers of Judges and Magistrates exercisable by their successors-in-office
Based on Chapter III (POWER OF COURTS) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are possible preliminary-stage questions for competitive exams. Aim is to provide quick revision session for these provisions and refreshing the memory. Answers are given in the end of this page.
Preliminary Examination Questions: Chapter III
1. Under Section 21(a), which of the following courts are empowered to try offences under the Bharatiya Nyaya Sanhita, 2023?
A) The High Court only
B) The Court of Session only
C) Any other Court shown in the First Schedule
D) All of the above
2. According to the Proviso to Section 21, offences under Sections 64 to 71 of the BNS (rape-related offences) shall be tried "as far as practicable" by: A) A Special Magistrate
B) A Court presided over by a woman
C) A Court of Session only
D) A Bench of at least three Judges
3. Under Section 22(1), a High Court is authorized to pass:
A) Only sentences of imprisonment up to 10 years
B) Any sentence except the death penalty
C) Any sentence authorised by law
D) Only such sentences as specified in the First Schedule
4. A sentence of death passed by a Sessions Judge or an Additional Sessions Judge under Section 22(2) is subject to:
A) Confirmation by the Supreme Court
B) Confirmation by the High Court
C) Approval by the State Government
D) No confirmation is required if the offence is murder
5. What is the maximum term of imprisonment that a Chief Judicial Magistrate may pass under Section 23(1)?
A) Three years
B) Seven years
C) Ten years
D) Life imprisonment
6. Under Section 23(2), what is the maximum fine a Magistrate of the first class can impose?
A) Ten thousand rupees
B) Twenty-five thousand rupees
C) Fifty thousand rupees
D) One lakh rupees
7. The BNSS introduces a new form of punishment for Magistrates to pass under Section 23. This is:
A) Solitary confinement
B) Community service
C) Rigorous imprisonment for life
D) Forfeiture of all property
8. According to the Explanation to Section 23(3), "Community service" is defined as work that:
A) Provides a salary to the convict for rehabilitation
B) Benefits the community and entitles the convict to half remuneration
C) Benefits the community, for which the convict is not entitled to any remuneration
D) Is performed only inside the prison premises
9. What is the maximum fine a Magistrate of the second class is competent to impose under Section 23(3)?
A) Five thousand rupees
B) Ten thousand rupees
C) Twenty thousand rupees
D) Fifty thousand rupees
10. Under Section 24(1)(b), if imprisonment is awarded as part of the substantive sentence, the term of imprisonment in default of fine shall NOT exceed _____ of the term the Magistrate is competent to inflict for that offence.
A) One-half
B) One-third
C) One-fourth
D) One-eighth
11. Section 25(2) deals with consecutive sentences for several offences at one trial. What is the absolute maximum period of imprisonment a person can be sentenced to in such a case?
A) Fourteen years
B) Twenty years
C) Thirty years
D) The remainder of their natural life
12. Under Section 25(2)(b), the aggregate punishment in a single trial for multiple offences shall not exceed _____ the amount of punishment the Court is competent to inflict for a single offence.
A) Twice
B) Thrice
C) Four times
D) Equal to
13. For the purpose of appeal under Section 25(3), the aggregate of consecutive sentences passed against a person shall be deemed to be:
A) Separate sentences
B) A single sentence
C) Void
D) Subject to mandatory revision
14. Under Section 26(1), when conferring powers under the Sanhita, the High Court or State Government may empower persons:
A) Specially by name
B) In virtue of their offices
C) By their official titles
D) All of the above
15. According to Section 26(2), an order conferring powers takes effect from:
A) The date the order is signed
B) The date it is published in the Official Gazette
C) The date it is communicated to the person so empowered
D) Seven days after its communication
16. If a person invested with powers is appointed to an equal or higher office of the same nature in a like local area, under Section 27 they shall:
A) Lose all previously conferred powers
B) Exercise the same powers in the new local area unless directed otherwise
C) Require a fresh notification from the High Court
D) Only exercise administrative powers
17. Who has the authority to withdraw all or any of the powers conferred by it under Section 28(1)?
A) The High Court or the State Government
B) The Sessions Judge only
C) The District Magistrate only
D) The Supreme Court
18. Under Section 28(2), powers conferred by the Chief Judicial Magistrate may be withdrawn by:
A) The High Court
B) The District Magistrate
C) The Chief Judicial Magistrate
D) The State Government
19. According to Section 29(1), the powers and duties of a Judge or Magistrate may be performed by:
A) Their predecessor-in-office
B) Their successor-in-office
C) Any officer appointed by the Police
D) The Advocate General
20. Under Section 29(2), if there is doubt as to who is the successor-in-office of a Judge, the matter shall be determined by:
A) The High Court
B) The State Government
C) The Sessions Judge in writing
D) The District Magistrate
21. In case of doubt regarding the successor-in-office of any Magistrate, who determines the successor under Section 29(3)?
A) The Sessions Judge
B) The Chief Judicial Magistrate or the District Magistrate, as the case may be
C) The High Court
D) The State Government
22. Which section of the BNSS specifies the classes of criminal courts triable for offences under "any other law"?
A) Section 21(a)
B) Section 21(b)
C) Section 22
D) Section 23
23. If a substantive sentence of 2 years is awarded, what is the maximum default imprisonment for fine that a JM 1st Class can award for an offence where the max punishment is 3 years?
A) 6 months
B) 9 months
C) 1 year
D) 3 months
(Note: 1/4th of 3 years = 9 months)
24. The power of the High Court to confirm a death sentence is found in which section of Chapter III?
A) Section 21
B) Section 22(2)
C) Section 23
D) Section 25
25. Which authority establishes the rules for "Community Service" as a form of punishment?
A) The Supreme Court
B) The State Government
C) The Central Government
D) The High Court
26. Which of the following statements is true regarding Section 25?
A) Sentences for multiple offences must always run consecutively
B) Sentences for multiple offences must always run concurrently
C) Sentences run consecutively unless the Court directs they run concurrently
D) A person can be sentenced to 25 years of imprisonment at one trial
27. A Magistrate of the first class awards a fine of ₹60,000. Is this order valid under the BNSS?
A) Yes, for all offences
B) No, the limit is ₹50,000
C) Yes, if the Sessions Judge approves
D) No, the limit is ₹10,000
28. If an Additional Sessions Judge passes a sentence of life imprisonment, is it subject to High Court confirmation under Section 22?
A) Yes, all life sentences require confirmation
B) No, only death sentences require confirmation
C) Only if the accused is a woman
D) Only if the fine exceeds ₹1 lakh
29. Successors-in-office determinations under Section 29 must be made by:
A) An oral order
B) An order in writing
C) A notification in the Official Gazette
D) A telephone call to the High Court
30. Which section ensures that "Powers of officers appointed" continue even if they are promoted within a like local area?
A) Section 26
B) Section 27
C) Section 28
D) Section 29
For statement and assertion-reason based questions, refer to PART B of this page.
Answers and Explanations
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D) All of the above. Section 21(a) lists the High Court, Court of Session, and Courts in the First Schedule.
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B) A Court presided over by a woman. Required as far as practicable under the Proviso to Section 21.
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C) Any sentence authorised by law. Per Section 22(1).
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B) Confirmation by the High Court. Required under Section 22(2).
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B) Seven years. CJM cannot exceed 7 years under Section 23(1).
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C) Fifty thousand rupees. (Up from 10k in the old Code) per Section 23(2).
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B) Community service. Newly inserted in Section 23(2) and (3).
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C) Benefits the community, for which the convict is not entitled to any remuneration. Per the Explanation to Section 23(3).
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B) Ten thousand rupees. Per Section 23(3).
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C) One-fourth. The 1/4th rule is maintained in Section 24(1)(b).
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B) Twenty years. (Up from 14 years in the old Code) per Section 25(2)(a).
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A) Twice. Per Section 25(2)(b).
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B) A single sentence. For appeal purposes under Section 25(3).
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D) All of the above. Per Section 26(1).
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C) The date it is communicated to the person so empowered. Per Section 26(2).
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B) Exercise the same powers in the new local area unless directed otherwise. Per Section 27.
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A) The High Court or the State Government. Per Section 28(1).
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C) The Chief Judicial Magistrate. Per Section 28(2).
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B) Their successor-in-office. Per Section 29(1).
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C) The Sessions Judge in writing. Per Section 29(2).
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B) The Chief Judicial Magistrate or the District Magistrate. Depending on the type of Magistrate, per Section 29(3).
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B) Section 21(b). Specifically covers "any offence under any other law."
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B) 9 months. One-fourth of 3 years is 9 months.
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B) Section 22(2). Mentions confirmation by the High Court.
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B) The State Government. Section 23(2) and notes indicate state-notified places/rules.
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C) Sentences run consecutively unless the Court directs they run concurrently. This is the normal principle cited in notes.
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B) No, the limit is ₹50,000. Per Section 23(2).
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B) No, only death sentences require confirmation. Per Section 22(2).
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B) An order in writing. Specifically required under Section 29(2) and (3).
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B) Section 27. Covers the continuation of powers upon appointment to equal or higher office.
Based on Chapter III (Power of Courts) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are some practice questions including:
Statement-Based Questions
Assertion and Reason Based Questions
True & False Statement Based Questions
I. Statement-Based Questions
1. Consider the following statements regarding the trial of offences under Section 21:
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Statement I: Any offence under the Bharatiya Nyaya Sanhita (BNS), 2023, may be tried by the High Court, the Court of Session, or any Court specified in the First Schedule.
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Statement II: Offences under Sections 64 to 71 of the BNS (rape-related) must be tried exclusively by a Court of Session presided over by a woman.
Which of the statements is/are correct?
A) Only I B) Only II C) Both I and II D) Neither I nor II
2. Evaluate these statements concerning punishments under Section 23:
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Statement I: A Magistrate of the first class is empowered to pass a sentence of "Community Service."
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Statement II: "Community Service" is defined as work of benefit to the community for which the convict is entitled to half the minimum wage.
Which of the statements is/are correct?
A) Only I B) Only II C) Both I and II D) Neither I nor II
3. Regarding the conferring and withdrawal of powers (Sections 26 and 28):
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Statement I: An order conferring powers by the High Court takes effect from the date the order is signed by the presiding Judge.
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Statement II: The Chief Judicial Magistrate has the authority to withdraw any powers he previously conferred on a subordinate Magistrate.
Which of the statements is/are correct?
A) Only I /B) Only II C) Both I and II D) Neither I nor II
4. Concerning Section 25 (Conviction of several offences at one trial):
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Statement I: Unless the Court directs otherwise, punishments consisting of imprisonment shall commence one after the expiration of the other.
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Statement II: If a person is sentenced to multiple terms of life imprisonment, the Court may direct them to run consecutively.
Which of the statements is/are correct?
A) Only I B) Only II C) Both I and II D) Neither I nor II
5. Regarding the trial of offences under "any other law" (Section 21(b)):
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Statement I: When a specific Court is mentioned in a special law for an offence, it must be tried by that Court.
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Statement II: If no Court is mentioned in the special law, the offence may be tried by the High Court or any other Court shown in the First Schedule.
Which of the statements is/are correct?
A) Only I B) Only II C) Both I and II D) Neither I nor II
II. Assertion and Reason Based Questions
6. Choose the correct option:
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Assertion (A): A sentence of death passed by an Additional Sessions Judge is not final upon pronouncement.
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Reason (R): Section 22(2) stipulates that any sentence of death passed by a Sessions Judge or Additional Sessions Judge is subject to confirmation by the High Court.
A) Both A and R are true, and R is the correct explanation of A.
B) Both A and R are true, but R is NOT the correct explanation of A.
C) A is true, but R is false.
D) A is false, but R is true.
7. Choose the correct option:
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Assertion (A): A Magistrate of the first class may impose a fine of ₹50,000.
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Reason (R): The BNSS 2023 has increased the fine-imposing power of a first-class Magistrate from the previous limit of ₹10,000 under the old Code.
A) Both A and R are true, and R is the correct explanation of A.
B) Both A and R are true, but R is NOT the correct explanation of A.
C) A is true, but R is false.
D) A is false, but R is true.
8. Choose the correct option:
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Assertion (A): Imprisonment in default of payment of a fine can be awarded in addition to a substantive sentence of maximum imprisonment allowable for the offence.
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Reason (R): Under Section 24(1)(b), the term of default imprisonment shall not exceed one-fourth of the term the Magistrate is competent to inflict for that offence.
A) Both A and R are true, and R is the correct explanation of A.
B) Both A and R are true, but R is NOT the correct explanation of A.
C) A is true, but R is false.
D) A is false, but R is true.
9. Choose the correct option:
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Assertion (A): In cases of consecutive sentences for multiple offences at one trial, the total imprisonment cannot exceed twenty years.
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Reason (R): Section 25(2)(a) caps the maximum aggregate period of consecutive sentences at 20 years to prevent life-long incarceration for several minor crimes tried together.
A) Both A and R are true, and R is the correct explanation of A.
B) Both A and R are true, but R is NOT the correct explanation of A.
C) A is true, but R is false.
D) A is false, but R is true.
10. Choose the correct option:
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Assertion (A): The aggregate of consecutive sentences passed against a person at one trial is treated as a single sentence for the purpose of appeal.
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Reason (R): This provision ensures that the right to appeal is determined by the total impact of the punishment rather than individual counts.
A) Both A and R are true, and R is the correct explanation of A.
B) Both A and R are true, but R is NOT the correct explanation of A.
C) A is true, but R is false.
D) A is false, but R is true.
III. Reasoning and Succession Questions
11. Under Section 29, if there is doubt as to who is the "successor-in-office" of a Judge, the matter shall be determined in writing by:
A) The High Court B) The State Government C) The Sessions Judge D) The District Magistrate
12. When a Magistrate of the second class is acting under Section 23(3), what is the maximum fine they can impose?
A) Five thousand rupees B) Ten thousand rupees C) Twenty-five thousand rupees D) Fifty thousand rupees
13. According to Section 27, if an officer invested with powers is appointed to an equal or higher office of the same nature in a like local area, they shall:
A) Require a fresh notification of powers from the State Government. B) Automatically lose the powers previously conferred. C) Continue to exercise the same powers unless the High Court or State Government directs otherwise. D) Only exercise administrative powers until confirmed by the CJM.
14. A Chief Judicial Magistrate can pass any sentence authorized by law EXCEPT:
A) Imprisonment for 7 years. B) Imprisonment for 10 years. C) A sentence of death. D) Both B and C.
15. Under Section 25(2)(b), the aggregate punishment for multiple offences at one trial shall not exceed _____ the amount of punishment the Court is competent to inflict for a single offence.
A) Equal to B) Twice C) Thrice D) Four times
16. If a person awareness of an offence against the State (BNS Chapter VII) fails to inform the nearest Magistrate or police officer without a reasonable excuse, the burden of proving that excuse lies on:
A) The Prosecution B) The Police C) The person so aware D) The Accused
17. True or False: Under Section 26, the High Court may confer powers on a person by their official title rather than their specific name.
Answer: True.
18. True or False: A Court of Session can pass a sentence of imprisonment for life without needing confirmation from the High Court.
Answer: True (Only death sentences require confirmation under Section 22).
19. True or False: In case of any doubt as to who is the successor-in-office, the Sessions Judge determines the successor-in-office for any Magistrate in the district.
Answer: False (CJM or DM determines for Magistrates; Sessions Judge determines for Judges).
20. True or False: If a Magistrate of the first class sentences an offender to two months of imprisonment, they must record special reasons for awarding such a short term.
Answer: True (Under Section 393(4), reasons are required if the term is less than three months for an offence punishable with one year or more).
Answers and Explanations
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A) Only I. Statement II is false because Section 21 Proviso states "as far as practicable" and does not limit the presiding woman Judge strictly to a Court of Session.
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A) Only I. Statement II is false because the Explanation to Section 23(3) explicitly states the convict is not entitled to any remuneration.
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B) Only II. Statement I is false because Section 26(2) states it takes effect from the date it is communicated to the person.
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A) Only I. Statement II is false because multiple life sentences cannot run consecutively; they must run concurrently as they stand superimposed.
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C) Both I and II. (Section 21(b)).
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A) Both true, and R explains A. (Section 22(2)).
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A) Both true, and R explains A. (Section 23(2) and Corresp. Law notes).
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B) Both true, but R does not explain A. The competency of the Magistrate (A) is a separate legal principle from the mathematical limit (R).
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A) Both true, and R explains A. (Section 25(2)(a)).
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A) Both true, and R explains A. (Section 25(3)).
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C) Sessions Judge. (Section 29(2)).
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B) Ten thousand rupees. (Section 23(3)).
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C) Continue to exercise the same powers... (Section 27).
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D) Both B and C. (CJM is capped at 7 years and cannot give death/life).
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B) Twice. (Section 25(2)(b)).
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C) The person so aware. (Section 33).
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True. (Section 26(1)).
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True. (Section 22(2)).
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False. (CJM or DM determines for Magistrates).
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True. (Section 393(4)).
BONUS
Section 25 (Sentence in cases of conviction of several offences at one trial) and Section 24 (Sentence of imprisonment in default of fine) are likely the most challenging concepts to master in Chapter III.
The difficulty arises from the following technical and mathematical rules:
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Aggregate Punishment Limits (Section 25): When a person is convicted of multiple offences in one trial, the court must navigate the "twice the amount" rule, which stipulates that the total punishment cannot exceed twice the amount the court is competent to inflict for a single offence. Additionally, the BNSS has increased the absolute cap for consecutive sentences to twenty years (up from fourteen in the old Code), which requires careful application during legal calculations.
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The "One-Fourth" Rule (Section 24): Determining the limit for imprisonment in default of a fine requires understanding the distinction between a Magistrate's general power and what they are specifically competent to inflict for that particular offence. The rule that this default term cannot exceed one-fourth of the substantive term requires precision.
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Concurrent vs. Consecutive Sentences: As per BNSS, Court has discretion to direct the sentences to run either consecutively or concurrently. No general rule is given if order of the court is silent on it.
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As per CrPC, as a general rule, sentence shall run consecutively (one after the other), but court has the discretion to direct them to run concurrently. However, there are strict legal superimpositions, such as the rule that multiple life sentences can only run concurrently and never consecutively. The Life Imprisonment Rule: the case of Muthuramalingam v. State (2016), which clarifies that multiple life sentences cannot be directed to run consecutively.
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New Concepts (Section 23): Learning the application of "Community Service" is a new requirement under the BNSS. It is defined specifically as work that benefits the community and for which the convict is not entitled to any remuneration, and it must be distinguished from ordinary labor or fines.
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Administrative Nuances (Section 29): Remembering who determines a "successor-in-office" in case of doubt is a common trap in exams; the Sessions Judge decides for Judges, but the Chief Judicial Magistrate or District Magistrate decides for Magistrates.