STATE Vs. GHANSHAMDAS

JUDGEMENT

(1.) This revision has been referred by a Single Bench Under Section 5, Hyderabad High Court Act, as involving an important question, namely, whether the Court in exercise of its inherent powers Under Section 56IA of the Indian Criminal Procedure Code, can admonish an accused after he has been convicted of an offence whether under the Indian Penal Code which has not been enumerated Under Section 562 . (1A) or under any Special Act,

(2.) The facts in so far as they are relevant for this revision are that one Gopinath was charged and convicted by the Munsiff Magistrate, Tan-dur for contravening Rule 29 of the Payment of Wages Rules of 1352F- made under the Payment of Wages Act and was released after administering an admonition. Against this judgment of the Magistrate, the accused filed a revision before the Sessions Judge of Gulbarga. The learned Sessions Judge has made this reference for quashing the order of admonition on .the ground that Section 562(1A) does not authorise the learned Magistrate to pass such an order when the accused is charged of an offence under a Special Act. p It may here be mentioned that the Magistrate had not specified the section or provision of law under which he purported to act when after conviction he released the accused by merely administering an admonition. The learned Government Advocate contends that obviously the Magistrate must have acted Under Section 562(1A) which clearly precludes the administering of an admonition in cases other than those enumerated in the said sub-section. That sub-section was added by an amendment of the Criminal Procedure Code in 1923 in order to give effect to the recommendations of the Indian Jails Committee, The sub-section is as under:

(3.) Admonition by a Judge is a reprimand, a censure or a reproof warning the accused that he is being let off but in case of repetition he will be punished severely in accordance with law. In the case where an admonition is administered, there is no question of awarding any further sentence whether then or at future date. For this reason it is obvious that a Judge or a Magistrate can only administer to an offender an admonition on conviction of an offence if he is vested with that power, otherwise he must award the prescribed punishment, namely, either a sentence of imprisonment or a fine or both. It is for this reason that a new sub-section was added to Section 562 as already pointed out.