Criminal Courts

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

Hierarchy of Criminal Courts

The hierarchy of the Criminal Courts in India is as follows

The Supreme Court of India – The Supreme Court Of India, being the apex court of India, was
established under Article 124 of Part V and Chapter IV of the Constitution of India.

The Supreme Court is the Apex court, at the top of the Judicial system. It has the supreme
judicial authority in our country.

 Article 131 gives the power of original jurisdiction to the Supreme Court, to


resolve the dispute arising between the Centre and the States or between two
States.
 Interpretation of the Constitution- Only the Apex Court has the power to
settle a question based on any issue related to the Constitution.
 Power Of Judicial Review (Article 137)- All the laws enacted are subjected to
scrutiny by the Judiciary.
 Court of Appeal – The apex court is the highest court for appeal in India. It has
the power to hear appeals from all the cases lying in the various High Courts and
subordinate courts of our country. A certificate of the grant is to be provided
according to Article 132(1), 133(1) and 134 of the Constitution with respect
to any judgment, decree or final order of all cases of the High Court involving the
question of law. Appeals to the Supreme Court can be made under the following
categories:-
 Constitutional Matters
 Civil Matters
 Criminal Matters
 Special Leave Petition

The High Courts of India– The high courts are at the second level of the hierarchy. They are
governed by Article 141 of the Constitution Of India and are bound by the judgement of the
Apex Court.

 Original Jurisdiction – In some issues, the case can be directly filed in the High
Courts. This is known as the original jurisdiction of the High Court. E.g., In matters
related to fundamental rights, Marriage and Divorce cases.

 Appellate Jurisdiction- The High Court is the Appellate Court for the cases coming up
from the trial court.

 Supervisory Jurisdiction- This refers to the power of general superintendence of the


High Court over the matters of all the subordinate courts.
The power and functions of the subordinate criminal courts have been provided under the Code
Of Criminal Procedure, 1973, as mentioned under section 6.

Lower Courts of India have been classified as follows.

Metropolitan Courts

Sessions Court

Chief Metropolitan Magistrate

First Class Metropolitan Magistrate

District Courts

Sessions Court

First Class Judicial Magistrate

Second Class Judicial Magistrate

Executive Magistrate

The power of the various subordinate courts is mentioned from section 26-35, under
the Code of Criminal Procedure, which has been described below.

Section 26 mentions the list of Courts which are eligible to try offences – According to Section
26, any offence mentioned under the Indian Penal Code may be tried by:

 the High Court

 the Court of Session

 any other Court as specified in the First Schedule of the Code of Criminal Procedure

Although it has to be ensured that any offence committed under section 376, section 376A,
section 376B, section 376C, section 376D and also section 376E of the Indian Penal
Code, be tried by a woman judge.

The Sessions Judge– Section 9 of the CrPc talks about the establishment of the Sessions Court.
The State Government establishes the Sessions Court which has to be presided by a Judge
appointed by the High Court. The High Court appoints Additional as well as Assistant Sessions
Judges.

The Court of Sessions ordinarily sits at such place or places as ordered by the High Court. But in
any particular case, if the Court of Session is of the opinion that it will have to cater to the
convenience of the parties and witnesses, it shall preside its sittings at any other place, after
the consent of the prosecution and the accused. According to section 10 of the CrPC, the
assistant sessions judges are answerable to the sessions judge.

Section 28 - Sessions or additional sessions Judge has the authority to pass any sentence
authorised by law. but any sentence of death passed by any such Judge shall be subject to
confirmation by the High Court.

Assistant Sessions Judge- These are appointed by the High Court of a particular state. They are
responsible for cases relating to murders, theft, dacoity, pick-pocketing and other such cases in
case of absence of the Sessions Judge.

An Assistant Sessions Judge has the authority to pass any sentence which has been authorised
by law. Such judge cannot pass a death sentence, life imprisonment or imprisonment for more
than 10 years.

The Judicial Magistrate– In every district, which is not a metropolitan area, there shall be as
many as Judicial Magistrates of first class and of second class. The presiding officers shall be
appointed by the High Courts. Every Judicial Magistrate shall be subordinate to the Sessions
Judge.

Chief Judicial Magistrate- Except for the Metropolitan area, the Judicial Magistrate of the first
class shall be appointed as the Chief Judicial Magistrate. Only the Judicial Magistrate of First
Class may be designated as Additional Chief Judicial Magistrate.

Sentences which Magistrates may pass. (1) The Court of a Chief Judicial Magistrate may pass
any sentence authorised by law except a sentence of death or of imprisonment for life or of
imprisonment for a term exceeding seven years.

The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not
exceeding three years, or of fine not exceeding five thousand rupees, or of both.

The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term
not exceeding one year, or of fine not exceeding one thousand rupees, or of both.

The jurisdiction in case of Juveniles (Section 27)– Any person who is below the age of sixteen
years, who is a juvenile is exempted from the death penalty and punishment for imprisonment
for life. The Chief Judicial Magistrate, or any other Court specially empowered under the
Children Act, 1960 (60 of 1960) or any other law for the time being in force which provides for
the treatment, training and rehabilitation of youthful offenders, are eligible for trying such
cases.

Metropolitan Magistrate- They are established in Metropolitan areas. The High Courts have the
power to appoint the presiding officers. The Metropolitan Magistrate shall be appointed as the
Chief Metropolitan Magistrate. The Metropolitan Magistrate shall work under the instructions of
the Sessions Judge.
The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief
Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a
Magistrate of the first class.

Executive Magistrate- According to section 20 in every district and in every metropolitan area,
an Executive Magistrate shall be appointed by the State Government and one of them becomes
District Magistrate. He is under the control of State Govt. (Power to issue search warrant 93(1),
power to disperse assembly by force 129,130, Power to deal with public nuisance 133, Power to
issue order 144 where there is apprehension of danger,

You might also like