Section 36 of The Drugs and Cosmetics Act, 1940
Notwithstanding anything contained in 1* * * 2[the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for 3[any Metropolitan Magistrate or any Judicial Magistrate of the first class] to pass any sentence authorized by this Act in excess of his powers under 1* * * the said Code.
Summary
- This section overrides the normal sentencing limits placed on lower magistrates by the general criminal procedure code.
- It specifically empowers Metropolitan Magistrates, who are city magistrates, and Judicial Magistrates of the first class, who are senior district criminal judges, to handle sentencing under this law.
- It allows these specific magistrates to award any sentence that is authorized by this Act, even if it is higher than their usual legal limits.
- It ensures that serious violations can be punished quickly and effectively without needing to refer every single case to a higher court.
Practical examples
FAQ
1. Which magistrates are given special sentencing powers under Section 36 of the Drugs and Cosmetics Act?
Under Section 36 of the Drugs and Cosmetics Act, the special powers to impose enhanced penalties are given to any Metropolitan Magistrate or any Judicial Magistrate of the first class.
2. Does the Code of Criminal Procedure limit the sentencing power of a magistrate under Section 36 of the Drugs and Cosmetics Act?
No, Section 36 of the Drugs and Cosmetics Act explicitly overrides the Code of Criminal Procedure, 1973, allowing designated magistrates to pass sentences in excess of their normal powers.
3. Can a first class magistrate impose a penalty that is not mentioned in the Drugs and Cosmetics Act using Section 36?
No, under Section 36 of the Drugs and Cosmetics Act, the magistrate can only pass sentences that are authorized by this Act itself, even if those sentences exceed their general powers.
4. What is the main purpose of Section 36 of the Drugs and Cosmetics Act?
The main purpose of Section 36 of the Drugs and Cosmetics Act is to give selected magistrates the legal authority to hand down the full, stricter penalties allowed by this Act without being restricted by general criminal procedure limits.
Test yourself
Q1.Under Section 36 of the Drugs and Cosmetics Act, 1940, which judicial officers are authorized to pass sentences that exceed their normal powers under the general criminal procedure code?
Q2.Section 36 of the Drugs and Cosmetics Act, 1940, overrides the normal sentencing limitations found in which of the following laws?
Q3.Under Section 36 of the Drugs and Cosmetics Act, 1940, what is the limit on the sentence a designated magistrate may pass?
Q4.Why does Section 36 of the Drugs and Cosmetics Act, 1940, grant enhanced powers to first class and metropolitan magistrates instead of requiring all such cases to go to the Court of Session?