Law: Penal Code (XLV of 1860)

Section: 65

(a) Penal Code (XLV of 1860) S. 65 Maximum term of imprisonment one year Sentence in default of fine exceeding three months Illegal Penal Code (XLV of 1860), S. 509. Section 65 of the Penal Code, 1860 lays down that the term for which the Court directs the offender to be imprisoned in default of payment of fine shall not exceed one fourth of the term of imprisonment which is the maximum fixed for the offence. The maximum term of imprisonment that can be awarded under section 509, Penal Code, 1860 is one year and therefore, the Court has no jurisdiction to impose a term exceeding three months in default of payment of fine. (b) Penal Code (XLV of 1860), S. 66 Offence punishable with simple imprisonment Awarding rigorous imprisonment in default of payment of fine Illegal Penal Code (XLV of 1860), S. 509. Section 66 of the Penal Code, 1860 lays down that the imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence. Since section 509 of the Penal Code, 1860, provides for simple imprisonment, awarding rigorous imprisonment in default of payment of fine is not legal. (c) Criminal Procedure Code (V of 1898), S. 190 Magistrate taking cognizance of non cognizable offence on police report Pro¬ceeding valid if he acts in good faith Criminal Procedure Code (V of 1898), S. 529 (e). If any Magistrate not empowered by law to take cognizance of an offence under section 190, subsection (1), clause (a) or (b) does so erroneously but in good faith, his proceedings are not to be set aside merely on the ground of his not being so empowered. Therefore proceedings do not become invalid on the mere ground that the Magistrate took cognizance of the case under section 190 (1) (b) of the Criminal Procedure Code, 1898 on receipt of a police report of a non cognizable offence. Emperor v. Wali Muhammad A I R 1928 Lah. 66 and Public Prosecutor v. Ratnawelu Chetty A I R 1926 Mad. 865 approved. (d) Penal Code (XLV of 1860), S. 509 Accused guilty of indecent exhibition Sentence of Rs. 200 fine enhanced in revision to six months imprisonment. JUDGMENT This is a petition for revision of the order…

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