Jurisdiction of Civil Court and Criminal Court

What is Jurisdiction -

         Jurisdiction is the power to hear and determine the subject matter in controversy between the parties to suit. The word jurisdiction is derived from the word juris and deco, Jurisdiction means, the authority by which court has to decide matter that is delegated before or to take cognizance of matter presented in a formal way for its decision, the Statute under which the Court Constituted and may be extended, restricted by The like means, impose the limits for authority.  If there is no restriction or limit imposed the jurisdiction is unlimited.  Jurisdiction in courts is the power and authority to declare the law.  If the Law confers the power to render a judgment or decree then the court has jurisdiction.

A) Jurisdiction of Civil Court -

           Section 9 of the Code of Civil Procedure provides that a Civil Court has jurisdiction to try all suits of civil nature unless and until they are specifically barred by any special enactment.  Section 9 of the said Code provides that a Civil Court shall have jurisdiction to try all Suit of civil nature except suits of which their cognizance is either expressly or impliedly barred.

 Conditions - 

(1) The Suit must be of a Civil nature

(2)  The cognizance of such suit should not have been expressly or impliedly Barred



Section 9 -  

           Courts to try all civil suits unless barred... The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

Explanation I - A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.

Explanation II - For the purposes of this section, it is immaterial whether or not any fees are attached to the office referred to in Explanation I or whether or not such office is attached to a particular place.

B) Jurisdiction of Criminal Court -

 Section 6 to Section 25 of the Criminal Procedure Code deals with the provisions of the constitution of criminal courts.  According to the nature and gravity of the offense and punishment for the offense committed, the jurisdiction of the criminal court is determined Under The Criminal Procedure Code.

Section 26 of The Criminal Procedure Code provides a mechanism under which offense under Indian Penal Code can be tried by the High Court or the Court of Session or by any other Court prescribed by the first schedule of the Court for such offense.



See Also... 

1. Information to the Police in Respect of Cognizable and Non-cognizable offenses (Cr.P.C)

2. Important Definitions of Administrative Law

3. Jurisdiction of Lokpal in respect of inquiry (Lokpal Act)

4. Res judicata (Section 11 of the Civil Procedure Code)

5. The Provisions of Transfer of Suits or Appeal (Civil Procedure Code - Section 22 to Section 25 )