Section 28 of CrPC : Section 28: Sentences which High Courts and Sessions Judges may pass.

Explanation using Example

Example 1:

Scenario: Rajesh is accused of committing a serious crime, such as murder, in Mumbai.

Application:

• The case is brought before the Bombay High Court.
• According to Section 28(1) of The Code Of Criminal Procedure 1973, the High Court has the authority to pass any sentence authorized by law, including the death penalty if deemed appropriate.
• After a thorough trial, the High Court finds Rajesh guilty and sentences him to life imprisonment.

Example 2:

Scenario: Priya is accused of committing a robbery with violence in Delhi.

Application:

• The case is brought before a Sessions Court in Delhi.
• According to Section 28(2) of The Code Of Criminal Procedure 1973, the Sessions Judge has the authority to pass any sentence authorized by law, including the death penalty. However, if the Sessions Judge decides to impose the death penalty, it must be confirmed by the Delhi High Court.
• The Sessions Judge finds Priya guilty and sentences her to death. This sentence is then sent to the Delhi High Court for confirmation.
• The Delhi High Court reviews the case and confirms the death sentence.

Example 3:

Scenario: Anil is accused of committing a serious fraud in Bangalore.

Application:

• The case is brought before an Assistant Sessions Judge in Bangalore.
• According to Section 28(3) of The Code Of Criminal Procedure 1973, the Assistant Sessions Judge can pass any sentence authorized by law except for the death penalty, life imprisonment, or imprisonment for a term exceeding ten years.
• The Assistant Sessions Judge finds Anil guilty and sentences him to eight years of imprisonment, which is within the permissible limit.

Example 4:

Scenario: Sunita is accused of committing a minor assault in Chennai.

Application:

• The case is brought before an Assistant Sessions Judge in Chennai.
• According to Section 28(3) of The Code Of Criminal Procedure 1973, the Assistant Sessions Judge can pass any sentence authorized by law except for the death penalty, life imprisonment, or imprisonment for a term exceeding ten years.
• The Assistant Sessions Judge finds Sunita guilty and sentences her to two years of imprisonment, which is within the permissible limit.