INDEX

SNO. TOPIC PG.NO.

1 INTRODUCTION 2
2 SUPREME COURT 2-3
3 HIGH COURT 3
4 TERRITORIAL DIVISION AND METROPOLITAN AREA 3-4
5 COURT OF SESSION 5-6
6 JUDICIAL MAGISTRATE 6-8
7 METROPOLITAN MAGISTRATE 8-9
8 EXECUTIVE MAGISTRATE 9-10
9 POWERS OF COURTS 10-13
 POWER TO TRY OFFENCES
 POWER OF COURTS TO GIVE SENTENCES

 POWER TO GIVE IMPRISONMENT IN DEFAULT

OF FINE

 POWER SHALL BE EXERCISED BY

SUCCESSORS-IN-OFFICE.

10 BIBLIOGRAPHY 14

1
 HIERARCHY OF COURTS AND THEIR POWERS
INTRODUCTION
At the apex of the entire judicial system, exists the Supreme Court of India below which are
the High Courts in each State or group of States. Below the High Courts lies a Hierarchy of
Subordinate Courts.
SUPREME COURT OF INDIA
The Indian Judicial System has the Supreme Court of India at its helm, which at present is
located only in the capital city of Delhi, without any benches in any part of the nation, and is
presided by the Chief Justice of India.1
The largest bench of the Supreme Court of India is called the Constitution Bench and comprises
of 5 or 7 judges, depending on the importance attached of the matters before it, as well as the
work load of the court.The apex court comprises only of various benches comprising of the
Divisional benches of 2 and 3 judges, and the Full benches of 3 or 5 judges.
The Appeals to this court are allowed from the High Court, only after the matter is deemed to
be important enough on the point of law or on the subject of the constitution of the nation, and
is certified as such by the relevant High Court. In the absence of any certificate from the High
Court, a person may, with the leave of the apex court, appeal to this court, by filing a Special
Leave Petition before the court. A person or body may also file a Writ against the violation of
Fundamental Rights granted under the Constitution of India, with the permission of the apex
court. Certain writs are allowed to be instituted in the apex court directly, against the orders of
the Courts of the Court Martial, and the Central Administrative Tribunals.2
The Supreme Court of India comprises the Chief Justice and not more than 25 other Judges
appointed by the President of India. Supreme Court Judges retire upon attaining the age of 65
years. In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of
India and must have been, for at least five years, a Judge of a High Court or of two or more
such Courts in succession, or an Advocate of a High Court or of two or more such Courts in
succession for at least 10 years or he must be, in the opinion of the President, a distinguished
jurist. Provisions exist for the appointment of a Judge of a High Court as an Ad-hoc Judge of
the Supreme Court and for retired Judges of the Supreme Court or High Courts to sit and act
as Judges of that Court.

1
Judicial System in India and Judicial Activism, INFLIBNET , (Mar. 24th ,2018)
http://shodhganga.inflibnet.ac.in/bitstream/10603/40644/9/13_chapter4.pdf
2
Annual Report (2007-2008) of Supreme Court in India. (Mar. 25th , 2018),
http://supremecourtofindia.nic.in/annualreport/annualreport2007-08.pdf.

2
The Constitution seeks to ensure the independence of Supreme Court Judges in various ways.
A Judge of the Supreme Court cannot be removed from office except by an order of the
President passed after an address in each House of Parliament supported by a majority of the
total membership of that House and by a majority of not less than two-thirds of members
present and voting, and presented to the President in the same Session for such removal on the
ground of proved misbehaviour or incapacity. A person who has been a Judge of the Supreme
Court is debarred from practising in any court of law or before any other authority in India.
The proceedings of the Supreme Court are conducted in English only. Supreme Court Rules,
1966 are framed under Article 145 of the Constitution to regulate the practice and procedure
of the Supreme Court.
HIGH COURTS
Every State has a High Court, which works under the direct guidance and supervision of the
Supreme Court of India, and is the uppermost court in that state, and generally the last court of
regular appeals. Though generally the High Courts are only the courts of Appeal, however in
the three presidency towns (As the British had then termed) of Mumbai [Bombay], Chennai
[Madras] and Kolkata [Calcutta], the High Courts also have powers of the original Side beyond
a certain financial limit.
The High Courts are also termed as the courts of equity, and can be approached in writs not
only for violation of fundamental rights under the provisions of Article 32 of the Indian
constitution, but also for any other rights under Article 226 of the Constitution, and under its
powers to supervise over all its subordinate courts falling within the physical jurisdiction of the
same under Article 227 of the Constitution. In fact, when apparently there is no effective
remedy available to a person in equity, it can always move the High Court in an appropriate
writ.3
High Courts frame their own rules, and arrange to implement them.Under certain provisions of
Law, the High Courts have the ordinary original civil jurisdiction.Many times the High Courts
have concurrent jurisdiction along with its subordinate courts, for effective remedy at the
earliest. All the High Courts have different division benches in different parts of the respective
states for speedier cheaper and effective dispensing of justice4.For the purpose of disposal of

3
Heirarchy of Courts, MCRHRDI,(Mar. 24th ,2018)
http://www.mcrhrdi.gov.in/fcg2/studymaterial/week2/Anti%20Corruption%20Laws.pdf
4
Pragati Ghosh, Powers and Functions of High Court in India, (Mar. 24th , 2018),
https://www.importantindia.com/12418/powers-and-functions-of-high-court-in-india/

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its business, the Judges in the High Court, either sit singly or in benches of two or more judges
in benches for deciding more important matters.

TERRITORIAL DIVISIONS AND METROPOLITAN AREAS

It is expedient to have suitable territorial units for the purposes of administration whether
judicial or otherwise.5 The entire territory of India consists of states, and for the purposes of
the code, the basic territorial divisions of a state are the districts and the sessions divisions.
According to section 7, every State shall be a session’s division or shall consist of session’s
divisions; and every sessions division shall, for the purposes of this Code, be a district or consist
of districts. Further, the State Government may, after consultation with the High Court, divide
any district into sub-divisions, and can also alter the limits or the number of such divisions and
districts or the number of such sub-divisions of any district.
The code has also considered the special needs of big cities like Bombay, Calcutta and Madras
and has recognized such cities as separate territorial units and designated them as metropolitan
areas. For the purpose of the code, every metropolitan area shall be a separate session’s division
and district. Section 8 declares Presidency-towns of Bombay, Calcutta and Madras and the city
of Ahmadabad as a metropolitan area and further empowers the State Government to declare
that any area in the State comprising a city or town whose population exceeds one million shall
be a metropolitan area for the purposes of this code. The section also empowers the state to
extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not
be so made as to reduce the population of such area to less than one million. If the population
of a metropolitan area in fact falls below one million, such an area shall cease to be a
metropolitan area on the date specified in this behalf by the state Government concerned. Limit
of a district for the purpose of criminal jurisdiction may change as a result of fluctuation in the
mid stream of a river.6
HIERARCHY OF CRIMINAL COURTS
The Supreme Court of India and a High Court for each state have been created by the
constitution, and their jurisdictions and powers, Including those in respect of criminal matters-
are well defined in the constitution itself.
The constitution, by article 227, provides that every High court shall have superintendence over
all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.

5
S.N. MISHRA, THE CODE OF CRIMINAL PROCEDURE, 1973,22-23 (17th Ed. 2010)
6
Narayan Das v. Bolta Ram, 1973 Cri LJ 818.

4
The criminal Procedure Code further provides that every High court shall so exercise
superintendence over the courts of judicial magistrates subordinate to it as to ensure an
expeditious and proper disposal of cases by such magistrates7.
Besides the High Courts and the courts constituted under any law, other than this code, there
shall be, in every state, the following classes of criminal courts(in hierarchical order), namely:-
i. Courts of Session;
ii. Judicial Magistrates of the first class and, in any metropolitan area, metropolitan
Magistrates;
iii. Judicial Magistrates of the second class; and
iv. Executive magistrates.8

COURT OF SESSION
The Court of Session is established by the State Government for every session’s division .
Appointment of Judges: The court is presided over by a Judge, appointed by the High Court of
that particular state. The High Court may also appoint Additional Sessions Judges and
Assistant Sessions Judges in this court. The High Court may appointed the Sessions Judge of
one division to also be an Additional Sessions Judge of another division and in such case he
may sit for the disposal of cases at such place or places in the other division as the High Court
may direct.
Place of Sitting: The Court of Sessions shall ordinarily hold its sitting at such place or places
as the High Court may, by notification, specify9. If in any particular case, the Court of Session
is of opinion that it will tend to the general convenience of the parties and witnesses to hold its
sittings at any other place in the sessions division, it may, with the consent of the prosecution
and the accused, sit at that place for the disposal of the case or the examination of any witness
or witnesses therein.
In case of vacancy of the office of Sessions Judge the High Court is empowered to make
arrangements for the disposal of any urgent application before such Court of Session by an
Additional or Assistant Sessions Judge, or a Chief Judicial Magistrate in their absence.
Subordination of Judges10: All Assistant Sessions Judges are subordinate to the Sessions Judge
in whose Court they exercise jurisdiction.The Sessions Judge can make rules consistent with

7
R.V. KELKAR, CRIMINAL PROCEDURE,31-32 ( 6th Ed. 2014)
8
Section 6, Code of Criminal Procedure, 1973.
9
See Keshar Singh v. State, (1988) 3 SCC 609
10
Section 10, Code of Criminal Procedure, 1973.

5
this Code for distribution of business among such Assistant Sessions Judges.The Sessions
Judge may also make provision for the disposal of any urgent application, by an Additional or
Assistant Sessions Judge, or by the Chief Judicial Magistrate, in the event of his absence or
inability to act.
It has been held in Gokaraju Rangaraju11, that the judgements pronounced by a sessions Judge
cannot on the ground that his appointment was subsequently held to be invalid.the Supreme
Court in Premnath v. State of Rajasthan,12held that a Civil Judge cannot be invested with
powers of an Additional Sessions Judge unless he is so appointed under Section 9.
COURTS OF JUDICIAL MAGISTRATES.
a) Courts of Judicial Magistrates of First class or Second class:
In every district (not being a metropolitan area), there shall be established as many
Courts of Judicial Magistrates of the first class and of the second class, and at such
places, as the State Government may, after consultation with the High Court, by
notification, specify: 1 The State Government may also, after consultation with the
High Court, establish, for any local area, one or more Special Courts of Judicial
Magistrate of the first class or of the second class to try any particular case or particular
class of cases, and where any such Special Court is established. No other court of
Magistrate in the local area shall have jurisdiction to try any case or class of cases for
the trial of which such Special Court of Judicial Magistrate has been established.
Appointment of Judges: It has been provided that the presiding officers of such Courts
shall be appointed by the High Courts. It is further provided that the High Court may,
whenever it appears to it to be expedient or necessary, confer the powers of a Judicial
Magistrate of the first class or of the second class on any member of the Judicial Service
of the State, functioning as a Judge in a Civil Court. This would enable the High Court
to provide for situations where it might not be necessary or possible to appoint full time
Judicial Magistrates.
b) Chief Judicial Magistrate13: In every district (not being a metropolitan area), the High
Court shall appoint Judicial Magistrate of the first class to the Chief Judicial Magistrate.
He is head of the Magistracy in the district14. His main function would be to guide,
supervise and control other judicial Magistrates in the district. He would also try

11
1981 Cr. L.J. 876.
12
AIR 1967 SC 1599.
13
Section 12, Code of Criminal Procedure, 1973.
14
Delhi Judicial Service Association v. State of Gujarat, (1991) 4 SCC 406

6
 important cases.in Mahesh Chand v. State of Rajasthan,15 it was held that the Chief
judicial Magistrate is competent to take cognizance of any offence, committed
anywhere in his district, notwithstanding the fact that the area in which the offence was
committed, happened to fall within jurisdiction assigned by him to another judicial
magistrate subordinate to him.
c) Additional Chief Judicial Magistrate16:The High Court has the power to appoint any
Judicial Magistrate of the first class as an Additional Chief Judicial Magistrate, and
such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate as
the High Court may direct.
d) Sub-Divisional Magistrate17: The High Court can designate any Judicial Magistrate
of the first class in any sub- division as the Sub- divisional Judicial Magistrate and
relieve him of the responsibilities specified in this section. Subject to the general
control of the Chief Judicial Magistrate, every Sub- divisional Judicial Magistrate
shall also have and exercise such powers of supervision and control over the work
of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the
sub- division as the High Court specifies in that behalf.18
e) Special Judicial Magistrates:The High Court may, if requested by the Central or
State Government so to do, confer upon any person who holds or has held any post
under the Government, all or any of the powers conferred or conferrable by or under
this Code on a Judicial Magistrate 1 of the first class or of the second class, in respect
to particular cases or to particular classes of cases, in any local area, not being a
metropolitan area. No such power shall be conferred on a person unless he possesses
such qualification or experience in relation to legal affairs as the High Court may,
by rules, specify19. Such Magistrates shall be called Special Judicial Magistrates and
shall be appointed for such term, not exceeding one year at a time, as the High Court
may, by general or special order, direct. 2 The High Court may empower a Special
Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation
to any metropolitan area outside his local jurisdiction.20

15
1985 Cr. L.J 3086 (S.C).
16
Section 12(2), Code of Criminal Procedure, 1973.
17
Section 12(3)(a), Code of Criminal Procedure, 1973.
18
Section 12(3)(b), Code of Criminal Procedure, 1973.
19
S.N. MISHRA, THE CODE OF CRIMINAL PROCEDURE, 1973, (17th Ed. 2010)
20
Section 13, Code of Criminal Procedure, 1973.

7
Jurisdiction21: Subject to the control of the High Court, the Chief Judicial Magistrate may,
from time to time, define the local limits of the areas within which the Magistrates may exercise
all or any of the powers with which they may respectively be invested under this
Code: 1 Provided that the Court of a Special Judicial Magistrate may hold its sitting at any place
within the local area for which it is established. Except as otherwise provided by such
definition, the jurisdiction and powers of every such Magistrate shall extend throughout the
district.
Subordination of Judicial Magistrates.22Every Chief Judicial Magistrate shall be
subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the
general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate. The
Chief Judicial Magistrate may, from time to time, make rules as to the distribution of
business among the Judicial Magistrates subordinate to him.
COURTS OF METROPOLITAN MAGISTRATES.
As in a district, every metropolitan area will have almost a parallel set-up of Judicial
Magistrates. In every metropolitan area, the State Government may, after consultation with the
High Court, establish courts of metropolitan magistrates at such places and in such number as
it may by notification, specify 23.
Appointment of Judges and Jurisdiction:The presiding officers of such courts shall be
appointed by the High Court and the jurisdiction and powers of every Metropolitan Magistrate
shall extend throughout the metropolitan area.
Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate: In every
metropolitan area, the high court shall appoint a Metropolitan Magistrate as Chief Metropolitan
Magistrate. It may similarly appoint an Additional Chief Metropolitan Magistrate, and such
Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate as the High
Court may direct.24
Special Metropolitan Magistrates;The High Court may, if requested by the Central or State
Government so to do, confer upon any person who holds or has held any post under the
Government, all or any of the powers conferred or conferrable by or under this Code on a
Metropolitan Magistrate, in inspect to particular cases or to particular classes of cases in any
metropolitan area within its local jurisdiction. Provided that no such power shall be conferred

21
Section 14, Code of Criminal Procedure, 1973
22
Section 15, Code of Criminal Procedure, 1973.
23
Section 16, Code of Criminal Procedure, 1973.
24
Section 17, Code of Criminal Procedure, 1973.

8
on a person unless lie possesses such qualification or experience in relation to legal affairs as
the High Court may, by rules, specify. Such Magistrates shall be called Special Metropolitan
Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High
Court may, by general or special order, direct.25
Subordination26: The Chief Metropolitan Magistrate and every Additional Chief Metropolitan
Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate
shall, subject to the general control of the Sessions Judge, be subordinate to the Chief
Metropolitan Magistrate.The High Court may define the extent of the subordination of the
Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.The Chief
Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent
with this Code, as to the distribution of business among the Metropolitan Magistrates and as to
the allocation of business to an Additional Chief Metropolitan Magistrate.

EXECUTIVE MAGISTRATES27
In every district and in every metropolitan area, the State Government may appoint as many
persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the
District Magistrate.
Additional District Magistrate,:The State Government may appoint any Executive Magistrate
to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a
District Magistrate under this Code or under any other law for the time being in force as may
be directed by the State Government.
Vacancy of Office: Whenever, in consequence of the office of a District Magistrate becoming
vacant, any officer succeeds temporarily to the executive administration of the district, such
officer shall, pending the orders of he State Government, exercise all the powers and perform
all the duties respectively conferred and imposed by this Code on the District Magistrate.
Sub-Divisional Magistrate: The State Government may place an Executive Magistrate in
charge of a sub- division and may relieve him of the charge as occasion requires; and the
Magistrate so placed in charge of a sub- division shall be called the Sub- divisional Magistrate.
Special Executive Magistrates. The State Government may appoint, for such term as it may
think fit, Executive Magistrates, to be known as Special Executive Magistrates for particular
areas or for the performance of particular functions and confer on such Special Executive

25
Section 18, Code of Criminal Procedure, 1973.
26
Section 19, Code of Criminal Procedure, 1973.
27
Section 20, Code of Criminal Procedure, 1973.

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Magistrates such of the powers as are conferrable under this Code on Executive Magistrates,
as it may deem fit28.
In State of Maharashtra v. Mohd. Salim Khan29, that when the State Government appoints
Executive Magistrate as Special Executive Magistrates, they do not cease to be Executive
Magistrates. They remain to be entitled to exercise the powers of Executive Magistrates and
therefore, the conferring on them the powers under S-107 of the Code is not necessary.
Local jurisdiction of Executive Magistrates30 :Subject to the control of the State Government,
the District Magistrate may, from time to time, define the local limits of the areas within which
the Executive Magistrates may exercise all or any of the powers with which they may be
invested under this Code. Except as otherwise provided by such definition, the jurisdiction and
powers of every such Magistrate shall extend throughout the district.
Subordination31:All Executive Magistrates, other than the Additional District Magistrate, shall
be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-
divisional Magistrate) exercising powers in a sub- division shall also be subordinate to the Sub-
divisional Magistrate, subject, however, to the general control of the District Magistrate.The
District Magistrate may, from time to time, make rules or give special orders, consistent with
this Code, as to the distribution of business among the Executive Magistrates subordinate to
him and as to the allocation of business to an additional District Magistrate.
POWER OF COURTS TO TRY OFFENCES
Any offence under the Indian Penal Code (45 of 1860 ), may be tried by-
i. the High Court, or
ii. the Court of Session, or
iii. any other Court by which such offence is shown in the First Schedule to be triable;
Any offence under any other law shall, when any Court is mentioned in this behalf in such
law, be tried by such Court and when no Court is so mentioned, may be tried bythe High
Court, or any other Court by which such offence is shown in the First Schedule to be
triable.In Harishchandra v. Kavindra Narain Sinha32, the court held that The High Court
cannot straight away take cognizance of an offence and try the accused, instead it has to
follow the procedure prescribed by the code.

28
Section 21, Code of Criminal Procedure, 1973.
29
1991 SCC (1) 550.
30
Section 22,Code of Criminal Procedure, 1973.
31
Section 23, Code of Criminal Procedure, 1973.
32
Harishchandra v. kavindra Narain Sinha,(1937) All 220.

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Any offence not punishable with death or imprisonment for life, committed by any person
who at the date when he appears or is brought before the Court is under the age of sixteen
years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially
empowered under the Children Act, 1960 (60 of 1960 ), or any other law for the time being
in force providing for the treatment, training and rehabilitation of youthful offenders.33

POWER TO PASS SENTENCES34 :

1. A High Court may pass any sentence authorised by law.
2. A Sessions Judge or Additional Sessions Judge may pass any sentence authorised
by law; but any sentence of death passed by any such Judge shall be subject to
confirmation by the High Court.
3. An Assistant Sessions Judge may pass any sentence authorised by law except a
sentence of death or of imprisonment for life or of imprisonment for a term
exceeding ten years.
4. The Court of a Chief Judicial Magistrate may pass any sentence authorised by law
except a sentence of death or of imprisonment for life or of imprisonment for a term
exceeding seven years.
5. The Court of a Magistrate of the first class may pass a sentence of imprisonment for
a term not exceeding three years, or of fine not exceeding five thousand rupees, or
of both.
6. The Court of a Magistrate of the second class may pass a sentence of imprisonment
for a term not exceeding one year, or of fine not exceeding one thousand rupees, or
of both.
7. The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of
a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the
Court of a Magistrate of the first class.

In the State of UP v. Kishan35, the Supreme Court held that the object of awarding sentence
is to protect society and to deter the criminal. Punishment awarded should conform to and
be consistent with atrocity and brutality with which the crime has been perpetrated.

33
Section 27,Code of Criminal Procedure, 1973.
34
Section 28, 29, Code of Criminal Procedure, 1973.
35
2005 Cr.LJ. 333 (SC)

11
Conviction for several offence in one trial: When a person is convicted at one trial of two
or more offences, the Court may, subject to Section 71 of the Indian Penal Code ,sentence
him to the several punishments ,which such Court is competent to inflict. If the punishments
consist of imprisonment , it will commence one after the expiration of the other in such
order as the Court directs. The Court may also direct that such punishments to run
concurrently36. The imprisonment cannot be for period longer than fourteen years; the
aggregate punishment cannot exceed twice the amount of punishment which the Court is
competent to inflict for a single offence. It has been held in State of Madhya Pradesh v.
Ghanshym Singh, 37 long pendency of matter cannot justify lesser sentence.

POWER TO GIVE IMPRISONMENT IN DEFAULT OF FINE:

The Court of a Magistrate may award such term of imprisonment in default of payment of
fine as is authorised by law: Provided that the term is not in excess of the powers of the
Magistrate under Section 29. Where imprisonment has been awarded as part of the
substantive sentence, it shall not exceed one- fourth of the term of imprisonment which the
Magistrate is competent to inflict otherwise than as imprisonment in default of payment of
the fine. The imprisonment awarded under this section may be in addition to a substantive
sentence of imprisonment for the maximum term awardable by the Magistrate under section
29.38

Where an offence is punishable by fine only and does not provide for imprisonment I
default of payment of fine, imposition of simple imprisonment for any such default will be
justified under this section.39A magistrate cannot award imprisonment by resorting to
section 65 of the Penal Code. That is, the limit of sentence laid down by this section cannot
be exceeded by resorting to section 65 of the Penal Code.40

Powers of Judges and Magistrates are exercisable by their successors- in- office41.When
there is any doubt as to who is the successor- in- office of any Additional or Assistant
Sessions Judge, the Sessions Judge shall determine be deemed to be the successor- in-

36
Section 31, Code of Criminal Procedure, 1973
37
AIR 1972 SC 932.
38
Section 30, Code of Criminal Procedure, 1973.
39
Bashiruddin Ashraf v. State of Bihar, AIR 1957 SC 645.
40
Chhajulal v. State of Rajasthan, AIR 1972 SC 1809
41
Section 35, Code of Criminal Procedure, 1973.

12
office .When there is any doubt as to who is the successor- in- office of any Magistrate, the
Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by
order in writing the Magistrate who shall, be the successor- in- office of such
Magistrate.The High Court or the State Government may withdraw the powers conferred
by it under the CrPC on any person or any officer subordinate to it. Any powers conferred
by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the
respective Magistrate by whom such powers were conferred42.

42
Section 34, Code of Criminal Procedure, 1973.

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