Question

Where a magistrate of the first class passes only a sentence of fine not exceeding Rs. 100, against this order where an appeal shall lie:

• A. In the court of Chief Judicial Magistrate
• B. In the court of Chief Metropolitan Magistrate
• C. Both A and B
• D. None of the above

Hint:

Remember: Section 376 CrPC bars appeals in trivial fine-only cases up to Rs. 100.

Answer 1

The Correct Option is D

Step 1: Understanding appeal provisions.
Under Section 376 of the CrPC, no appeal shall lie in petty cases where the accused is convicted and the punishment is a fine not exceeding Rs. 100 only. This provision avoids unnecessary appeals in trivial matters.

Step 2: Application.
Since the fine imposed is Rs. 100 or less, the law bars any appeal. Thus, neither Chief Judicial Magistrate nor Chief Metropolitan Magistrate has appellate jurisdiction in this case.

Step 3: Analysis of options.
- (A) Wrong: No appeal lies to Chief Judicial Magistrate.
- (B) Wrong: No appeal lies to Chief Metropolitan Magistrate.
- (C) Wrong: Since both A and B are wrong, this is incorrect.
- (D) Correct: No appeal lies in such cases.

Step 4: Conclusion.
Thus, in case of a petty fine up to Rs. 100, no appeal is permissible.