Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter III: Power of Courts
Section 23: Sentences which Magistrates may pass
In plain words
This section sets the limits of the sentences Magistrates can pass.
- Chief Judicial Magistrate: any lawful sentence except death, imprisonment for life or imprisonment for more than seven years.
- Magistrate of the first class: up to three years in prison, or a fine up to fifty thousand rupees, or both, or community service.
- Magistrate of the second class: up to one year in prison, or a fine up to ten thousand rupees, or both, or community service.
- "Community service" is unpaid work for the benefit of the community that a court orders as punishment.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 23
No Supreme Court judgment in our database cites this section yet.