Sentences which High Courts and Sessions Judges may pass

Repealed Act 2 of 1974 As on 23 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 2 of 1974 Cited by 1 provision

This is a second copy of a Central Act. India Code files it on Delhi's shelf as well as under Parliament, and the text is the same enactment. Read it at The Code of Criminal Procedure, 1973, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 28 of the Code of Criminal Procedure Act deals with sentences which High Courts and Sessions Judges may pass. A High Court may pass any sentence authorised by law.

(1) A High Court may pass any sentence authorised by law. 1. Ins. by Act 5 of 2009, s. 4 (w.e.f. 31-12-2009). 2. Subs.by Act 13 of 2013, s. 11, for "offence under section 376 and sections 376A to 376D of the Indian Penal Code (45 of 1860)" (w.e.f. 3-2-2013). 3. Subs. by Act 22 of 2019, s. 10, for "section 376A, section 376B, section 376C, section 376D" (w.e.f. 21-4-2018).
(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.
Section 28, The Code of Criminal Procedure Act (Act 2 of 1974).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

Referred to by 1

s. 484 Repeal and savings

Questions about Section 28

What does Section 28 of the Code of Criminal Procedure Act deal with?

Section 28 of the Code of Criminal Procedure Act is headed "Sentences which High Courts and Sessions Judges may pass". A High Court may pass any sentence authorised by law.

How do I find court cases under Section 28 of the Code of Criminal Procedure Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code Criminal Procedure Act 28, section 28 Code Criminal Procedure Act, section 28 of the Code of Criminal Procedure Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 28 of the Code of Criminal Procedure Act, and has it changed?

Its own text turns on section 376 (No appeal in petty cases), Indian Penal Code 376A (Intercourse by a man with his wife during separation), Indian Penal Code 376D (Intercourse by any member of the management or staff of a hospital with any woman in that hospital), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.

When was the Code of Criminal Procedure Act enacted?

Code of Criminal Procedure Act was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.

Other sections of this Act

484. Repeal and savings25553 words
320. Compounding of offences1305 words
164. Recording of confessions and statements1142 words
167. Procedure when investigation cannot be completed in twenty-four hours1114 words
437. When bail may be taken in case of non-bailable offence998 words
220. Trial for more than one offence960 words

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/aedad03b-d75d-4ad4-8833-2e467cc050cc.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/aa576da2-2e5f-4165-923b-39fc1a0f416b/content). This page is not a substitute for legal advice.