Notwithstanding anything contained in * * * [the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for [any Metropolitan Magistrate or any Judicial Magistrate of the first class] to pass any sentence authorized by this Act in excess of his powers under * * * the said Code.
Section 36: Magistrate’s power to impose enhanced penalties.
The Drugs and Cosmetics Act, 1940Central Act · Act 23 of 1940
Where this provision sits
| Act | The Drugs and Cosmetics Act, 1940 |
|---|---|
| Section | 36 |
| Marginal note | Magistrate’s power to impose enhanced penalties. |
| Jurisdiction | Central |
| Status | In force as published by the source |
| Judgments citing it | 1 |
How this provision has been amended
Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.
- omitted, Act 13 of 1964. . The words and figures "section 32 of" omitted by Act 13 of 1964, s. 29 (w.e.f. 15-9-1964).
- substituted, Act 68 of 1982. . Subs. by Act 68 of 1982, s. 38, for "the Code of Criminal Procedure, 1898" (w.e.f. 1-2-1983).
- substituted. . Subs. by s. 38, ibid., for "any Presidency Magistrate or any Magistrate of the first class" (w.e.f. 1-2-1983).
Find the provision, not just read it
The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:
- Search 49,000+ Central and State enactments by what a provision says, not by its number
- Jump from any section to every judgment that has applied it
- Search 300 million+ Indian court records alongside the statute
- Ask a research agent to find and read the case law on a provision for you
Free account. No card. About a minute to create.
Create a free accountNeed this as data, not as a page? The Drugs and Cosmetics Act, 1940 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.