AIBE Prep › Papers › AIBE XVIII — December 2023 › Q.43
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Q.43
CrPC & Bharatiya Nagarik Suraksha Sanhita Medium Act + Section Given
Bare Act Code of Criminal Procedure, 1973 · Section 28(3)

Which of the following sentence is an Assistant Sessions Judge authorised to pass as per the Code of Criminal Procedure, 1973?

A Sentence of death
B Sentence of imprisonment for life
✓ Sentence of imprisonment for a term not exceeding ten years Answer
D Sentence of imprisonment for a term exceeding ten years
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Explanation & Strategy

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The sentencing hierarchy: Sessions Judge = any sentence including death. Additional Sessions Judge = any sentence including death. Assistant Sessions Judge = up to 10 years only (cannot pass death or life imprisonment).

  1. 1 Pick up CrPC.
  2. 2 Go to Section 28 — Sentences which courts may pass.
  3. 3 Read sub-section (3): 'An Assistant Sessions Judge may pass any sentence except death, imprisonment for life, or imprisonment exceeding ten years.'
  4. 4 So max = up to 10 years.
The text reads: Section 28(3): An Assistant Sessions Judge may pass any sentence except death, life imprisonment, or imprisonment exceeding 10 years.

⚖️ New Criminal Law Mapping (AIBE XXI onwards)

Old: CrPC S.28 → New: BNSS S.23

BNSS S.23 retains similar sentencing limits for different levels of criminal courts.

At a Glance
Subject CrPC & Bharatiya Nagarik Suraksha Sanhita
Difficulty Medium
Act Code of Criminal Procedure, 1973
Section Section 28(3)
Answer (C) Act + Section Given
Paper AIBE XVIII — December 2023
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📖 Open Book — Reading Mode Code of Criminal Procedure, 1973