The Code of Criminal Procedure, 1898
Part II: CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES
Chapter III
POWERS OF COURTS
Section 28: Offences under Penal Code
28. Subject to the other provisions of this Code any offence under the Penal Code may be tried-
(a) by the High Court Division, or
(b) by the Court of Session, or
(c) by any other Court by which such offence is shown in the eighth column of the second schedule to be triable.
Illustration
A is tried by the Sessions Court on a charge of culpable homicide. He may be convicted of voluntarily causing hurt, an offence triable by a Magistrate.
Section 29: Offences under other laws
29.(1) Subject to the other provisions of this Code, any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court.
(2) When no Court is so mentioned, it may be tried subject as aforesaid by any Court constituted under this Code by which such offence is shown in the eighth column of the second schedule to be triable.
Section 29B: Jurisdiction in the case of juveniles
29B. Any offence, other than one punishable with death or transportation for life, committed by any person who at the date when he appears or is brought before the Court is under the age of fifteen years, may be tried by Chief Judicial Magistrate or the Chief Metropolitan Magistrate, or by any Magistrate specially empowered by the Government to exercise the powers conferred by or under any law providing for the custody, trial or punishment of youthful offenders, by any Magistrate empowered by or under such law to exercise all or any of the powers conferred thereby.
Section 29C: Offences not punishable with death
29C. Notwithstanding anything contained in section 29, the Government may in consultation with the High Court Division-
(a) invest the Chief Metropolitan Magistrate, Chief Judicial Magistrate or any Additional Chief Judicial Magistrate with power to try as a Magistrate all offences not punishable with death;
(b) invest Metropolition Magistrate or any Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with transportation or with imprisonment for a term exceeding ten years.
Section 31: Sentences which High Court Division and Sessions Judges may pass
31.(1) The High Court Division may pass any sentence authorized by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court Division.
(3) A Joint Sessions Judge may pass any sentence authorized by law, except a sentence of death or of transportation for a term exceeding ten years or of imprisonment for a term exceeding ten years.
Section 32: Sentences which Magistrates may pass
32.(1) The Courts of Magistrates may pass the following sentences namely:-
(a) Courts of Metropolitan Magistrates and of Magistrates of the first class: Imprisonment for a term not exceeding five years, including such solitary confinement as is authorized by law;
Fine not exceeding ten thousand taka; Whipping.
(b) Courts of Magistrates of the second class: Imprisonment for a term not exceeding three years, including such solitary confinement as is authorized by law;
Fine not exceeding five thousand taka;
(c) Courts of Magistrates of the third class: Imprisonment for a term not exceeding two year;
Fine not exceeding two thousand taka.
(2) The Court of any Magistrate may pass any lawful sentence, combining any of the sentences which it is authorized by law to pass.
Section 33: Power of Magistrates to sentence to imprisonment in default of fine
33.(1) The Court of any Magistrate may award such terms of imprisonment in default of payment of fine as is authorized by law in case of such default:
Section 33A: Higher powers of certain Magistrates
33A. The Court of a Magistrate, specially empowered under section 29C, may pass any sentence authorized by law, except a sentence of death or of transportation or imprisonment for a term exceeding seven years.

Provided that-
(a) the term is not in excess of the Magistrate's powers under this Code;
(b) in any case decided by a Magistrate where imprisonment has been awarded as part of the substantive sentence, the period of imprisonment awarded in default of payment of the fine shall not exceed one-fourth of the period of imprisonment which such Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 32.
Section 35: Sentence in cases of conviction of several offences at one trial
Maximum term of punishment
35.(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Penal Code sentence him, for such offences, to the several punishments prescribed therefor which such Court is competent to inflict; such punishments, when consisting of imprisonment or transportation to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.


(2) In the case of consecutive sentences, it shall not be necessary for the Court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court:


Provided as follows:-


(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years;


(b) if the case is tried by a Magistrate , the aggregate punishment shall not exceed twice the amount of punishment which he is, in the exercise of his ordinary jurisdiction, competent to inflict.


(3) For the purpose of appeal, the aggregate of consecutive sentences passed under this section in case of convictions for several offences at one trial shall be deemed to be a single sentence.
Section 35A: Deduction of imprisonment in cases where convicts may have been in custody
35A.(1) Except in the case of an offence punishable only with death, when any court finds an accused guilty of an offence and, upon conviction, sentences such accused to any term of imprisonment, simple or rigorous, it shall deduct from the sentence of imprisonment, the total period the accused may have been in custody in the meantime, in connection with that offence.
(2) If the total period of custody prior to conviction referred to in sub-section (1) is longer than the period of imprisonment to which the accused is sentenced, the accused shall be deemed to have served out the sentence of imprisonment and shall be released at once, if in custody, unless required to be detained in connection with any other offence; and if the accused is also sentenced to pay any fine in addition to such sentence, the fine shall stand remitted.
Section 36: Ordinary powers of Magistrates
36. All Judicial and Executive Magistrate have the powers hereinafter respectively conferred upon them and specified in the third schedule. Such powers are called their "ordinary powers".
Section 37: Additional powers conferrable on Magistrates.
37. In addition to his ordinary powers, any Judicial or Executive Magistrate may be invested by the Government or the Chief Judicial Magistrate or the District Magistrate, as the case may be, with any powers specified in the schedule IV:
Provided that, the Government may authorize a District Magistrate to invest any Executive Magistrate subordinate to him with any of its powers specified in the schedule IV:
Provided further that any Judicial Magistrate may be invested with such additional powers in consultation with the High Court Division.
Section 38: Control of District Magistrates investing power
38. The power conferred on the District Magistrate by section 37 shall be exercised subject to the control of the Government.
Section 39: Mode of conferring powers
39.(1) In conferring powers under this Code the Government may by order, empower persons specially by name or in virtue of their office or classes of officials generally by their official titles.


(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.
Section 40: Powers of officers appointed
40. Whenever any person holding an office in the service of Government who has been invested with any powers under this Code throughout any local area is appointed to an equal or higher office of the same nature, within a like local area , he shall, unless the Government otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.
Section 41: Withdrawal of powers.
41.(1)The Government may withdraw all or any of the powers conferred under this Code on any person by it or by any officer subordinate to it:


Provided that where the conferring of a power is, under this code, required to be made in consultation with the High Court Division, the withdrawal thereof shall be made in consultation with that Court.


(2) Any powers conferred by the Chief Judicial Magistrate or the District Magistrate may be withdrawn by the chief Judicial Magistrate or the District Magistrate respectively.