Introduction 

• The Judicial system in India is established in such a way that it caters the needs of its citizens. 
• Chapter III of Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) states the provisions for power of the court. 
• We have a complex and lengthy system of courts. 
• The court has been created in a way that any person can approach the courts easily. 
• Indian has the most efficient judicial system in the world. 
• Sections 21 to 29 of BNSS state the provisions for power of courts.

Power of Courts

• Section 21 of BNSS states about the courts by which offences are triable as: 
  • The offences are triable by -  
    • The High Court 
    • The Court of Session 
    • Any other Court by which such offence is shown in the First Schedule to be triable.  
  • Offence under Section 64, Section 65, Section 66, Section 67, Section 68, Section 69, Section 70 or Section 71 of the Bharatiya Nyaya Sanhita, 2023 (BNS) shall be tried as far as practicable by a Court presided over by a woman. 
  • When a specific court is specified under any statute then the offences shall be triable under them. 

Sentences by High Court, Sessions Judges and Magistrate: 

• Section 22 of the BNSS states the Sentences which High Courts and Sessions Judges may pass -  
  • The High Court, Sessions Judge and Additional Sessions Judge have the power to pass any order as per the law. 
  • To pass the death sentence Sessions Judge and Additional Sessions Judge have to take the confirmation from the High Court. 
• Section 23 of BNSS states that Sentences which Magistrates may pass 
  • Court of a Chief Judicial Magistrate 
    • May pass any sentence authorized by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. 
  • 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. 
  • 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. 
    • For the purpose of this section "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. 
• Section 24 of the BNSS states the provisions related to Sentence of imprisonment in default of fine 
  • Power of Court of Magistrate 
    • This section empowers that the Court of Magistrate may award such term of imprisonment in default of payment of fine as is authorized by law. 
    • It is further provided that: 
      • It is not in excess of the powers of the Magistrate under Section 23. 
      • It shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. 
    • The imprisonment awarded under this section may be awarded in addition to the sentence passed by the magistrate under Section 23. 
• Section 25 of the BNSS states that Sentence in cases of conviction of several offences at one trial. 
  • Person is Convicted at One Trial of Two or More Offences 
    • It states that when a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the BNSS sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict  
    • The Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively. 
  • Consecutive Sentences 
    • 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 
    • It is further provided that: 
      • Sentence not to be longer than 20 years. 
      • Aggregated punishment shall not be more than twice of the amount of punishment which the Court is competent to inflict for a single offence. 
• Consecutive Sentence to be Deemed as Single Sentence 
  • For the purpose of appeal, the consecutive sentences passed against him under this section shall be deemed to be a single sentence. 
• Section 26 of the BNSS states that mode of conferring powers 
  • Power of State Government or High Court 
    • The High Court or the State Government, as the case may be, may, by order, empower persons especially by name or in virtue of their offices or classes of officials generally be their official titles. 
    • Every such order shall take effect from the date on which it is communicated to the person so empowered. 
• Section 27 of the BNSS states the powers of officers appointed. 
  • Powers of Officers Appointed 
    • Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Sanhita throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government. 
    • He shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed. 
• Section 28 of the BNSS states the withdrawal of powers. 
  • Withdrawal of the Powers of the Subordinate Officer 
    • The power of any subordinate officer may be withdrawn by the High Court or the State Government. 
    • Powers conferred by the Chief Judicial Magistrate or District Magistrate may be withdrawn by them only. 
  • Section 29 of the BNSS states the powers of judges and magistrates exercisable by their successors-in office. 
  • Successor-in-office 
    • The powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office. 
    • The Sessions Judge has the power to determine the successor in officer when there is doubt as to who is the successor in officer.  
    • When there is a doubt as to who is the successor in officer of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate shall be determined by them that who shall be successor in officer. 

Conclusion 

The goal of the constitution is the administration of justice. Justice can be achieved by approaching its courts. With the help of the justice system, it has become easy for the people of the nation to stand against the wrong and claim their rights. The system works in such a way that no one can exercise anything beyond their jurisdiction and to prevent any arbitrary action by any judicial member.