THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 457
- Additional Powers
Local Government or the District Magistrate may invest any Sub-divisional Magistrate or any magistrate of the 1st,
2nd or 3rd class with certain additional powers. They are mentioned in the Fourth Schedule to the Cr. P. Code. They vary with the class of the Magistrate.
A Mode of Exercising such powers.
Section 107 (3) When a Magistrate has reason to believe that any person is likely to commit the breach of the peace or disturb the public tranquillity any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, and that such breach of the peace or disturbance cannot be prevented such a magistrate may issue warrant for his arrest. He must record his reasons.
Courts can inflict such sentences as are authorized by law. If a criminal were to ask the Court to pass upon him a sentence not allowed by law instead of one which the law warrants such a sentence will not be valid.
3B.L.R. 50
Commutation. Section 59 of the Penal Code points out in what cases transportation may be awarded instead of imprisonment.
Transportation is only authorized in lieu of imprisonment as a substantive punishment. A sentence of nine years transportation and a fine of Rs. 300 and in default of payment, to three years further transportation, is bad in regard to the latter part of the sentence.
5 Mad. 28.
(III) P OWERS OF PUNISHMENT
The punishment for offences prescribed by Section 53 I. P. C. are :
I. D EATH
(a) Which may be inflicted Sections 121, 132, 194, 302,
305, 307,396.
(b) Which must be inflicted Section 303 (murder committed by a life convict).