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The Delhi High Court surprisingly brought forth the anomaly in Criminal Procedure Code (Cr. PC) and Indian Penal Code (IPC), wherein the heinous offenses like acid attack, kidnapping, and maintaining a child for begging, etc. are punishable with the imprisonment which may extend to 10 years or life imprisonment are surprisingly dealt by the magistrate who is empowered to give punishment just for 3 years and not more.
This anomaly was highlighted by the Advocate AmitSahni who knocked the doors of the court against the injustice caused to the victims of offenses such as kidnapping or maiming a minor under Section 363A, acid attacks under Section 326, and many more are punishable under IPC for more than 10 years imprisonment or life imprisonment but a magistrate cannot give punishment for more than 3 years, which leads to the lesser punishment to the accused and injustice to the victim besides leading to defeating the deterrent effect a higher sentence is supposed to have.
Moreover, Schedule 1 of the Cr. PC makes these offenses triable by the magistrate, in accordance with Section 29 of Cr. PC.
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