Classes of criminal courts (Criminal Procedure Code 1973)

1) Introduction -

          According to Section 6 of The Criminal Procedure Code, besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely -

(i) Courts of Session;

(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates

(1) The Supreme Court -

         The Indian Constitution provides for the establishment of Supreme Court and defines its jurisdiction and powers relating to criminal matters Article 134 of the Indian Constitution provides that an appeal shall lie to the supreme court from any judgement, final order or sentence in a criminal proceeding of a High Court in the territory of India. record of criminal procedure for the provision of appeal to the supreme court under certain circumstances in Section 374 and Section 379.

         According to Section 374 (1) of the Criminal Procedure Code, any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

  

         According to Section 379 of the criminal procedure 1973 where the High Court has no appeal, revised an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or imprisonment for a term of 10 years or more he may appeal to the supreme court.

         The Supreme Court can also transfer criminal cases from one High Court to another High Court or from a Criminal Court subordinate to the one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another high court in the interest of justice as per Section 406 of The Criminal Procedure Code. the supreme court can also exercise Appeal jurisdiction in criminal cases under the provision of the supreme court enlargement of criminal appeal jurisdiction act 1920.

2) High Court -

         According to Article 214 of the Indian Constitution, there shall be High Court for each State. Section 231 of the Indian Constitution provides for the establishment of a common High Court for two or more states and union territory by parliament enactment. 

        According to Article 227 of the Indian Constitution, every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. 

        As per Section 483 of The criminal procedure Code every High Court shall so exercise its superintendence over the Courts of Judicial Magistrate subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates.

      According to section 482 of The Criminal Procedure Code the High Court has inherent power to prevent abuse of the process of any Court or otherwise to secure the ends of Justice.

The Criminal procedure Code gives various powers to the High Court including those relating to reference, appeal, revision and transfer of cases.

2) Court of Sessions -

        Section 9 of the Code of Criminal Procedure provides that -

(1) The State Government shall establish a Court of Session for every sessions division.

(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.

(3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.

(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.

(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.

(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.

According to Section 10 (1) of the Criminal Procedure Code, all assistant session judges shall be supported net to the sessions judge in whose Court their exercise jurisdiction.  The session judge may distribute business among such assistant session judges.

3) Courts of Judicial Magistrates -

             In Every district state government in consultation with the High Court establishes court of Judicial Magistrate first class (JMFC) and Judicial Magistrate second class (JMSC). The state government may in consultation with High Court appoint / establish one or more special courts of JMFC and JMSC to try any particular case law class of cases.

Must Read... Courts of Judicial Magistrates.

4) Special Judicial Magistrates -

              According to Section 13 (1) of the code of criminal procedure 1973 The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate of the second class, in respect to particular cases or to particular classes of cases or to cases generally, in any district, not being a metropolitan area:

        Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

       (2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

5) Local jurisdiction of judicial Magistrates -

     (1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this Code.

     (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

        Where the local jurisdiction of a magistrate, appointed under Section 11 or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinary holds Court, any reference in this code to the court of session,  Chief Judicial Magistrate or the chief metropolitan magistrate shall, in relation to such magistrate,

Throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the court of session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area.

6) Subordination of judicial Magistrates -

       According to Section 15 (1) of the code of criminal procedure 1973, Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.

        (2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him.

7) Court of metropolitan Magistrates - 

       According to Section 16 of the code of criminal procedure 1973 - (1) In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.

      (2) The presiding officers of such Courts shall be appointed by the High Court.

      (3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.

8) Court of executive Magistrates -

         According to Section 20 of the Code of Criminal Procedure - (1) In every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

         (2) The State Government may appoint any Executive Magistrate to be an Additional district Magistrate, and such Magistrate shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force.

         (3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate.

         (4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate.

         (5) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police, all or any of the powers of an Executive Magistrate in relation to a metropolitan area.

See also...

1. Sentence which sessions judges may pass

2. When Police May Arrest Without Warrant | Criminal Law

3. When search warrant may be issued | Criminal Procedure Code

4. Distinction/Difference between Inquiry and Investigation

5. Difference between warrant and summons