Introduction

Constitution of Criminal Courts and their functions, its

1. Court of Session
2. Judicial Magistrates of the First Class, and in any
metropolitan area, Metropolitan Magistrates
3. Judicial Magistrates of the second class, and
4. Executive Magistrates.
TERRITORIAL DIVISIONS:
Section 7 provides that there shall be one or more Sessions
Divisions in every State. Every Sessions Division shall be a district
or consist of districts for the purpose of Administration of
Criminal justice. Every metropolitan area shall be a separate
sessions division and area The State Government may, after
consultation with the High Court, alter the limits or the number
of such divisions and districts
METROPOLITAN AREAS:
Section 8 provides that the State Government may, by
notification declare that, as from such date as may be specified in
the notification, any area in the State comprising a city or town
whose population exceeds One Million (Ten Lakhs) shall be a
metropolitan area for the purpose of this Code. The State
Government has the power to extend, reduce, or alter the limits
of a metropolitan area.
COURT OF SESSION:
Section 9 provides that the State Government shall establish a
Court of Session for every sessions division. Every Court of
Session shall be presided over by a Judge, to be appointed by the
High Court. The High Court may also appoint Additional Sessions
Judges and Assistant Sessions Judges to exercise jurisdiction in a
Court of Session. If the post of the Sessions judge is vacant, under
any circumstances, such as transfer, retirement, sudden death,
etc., the High Court makes arrangements for the disposal of any
urgent application.
ASSISTANT SESSIONS JUDGE:
Section 10 provides that all Assistant Sessions Judges shall be
Subordinate to the Sessions Judge, in whose Court they exercise
jurisdiction. The Sessions Judge may, from time to time, make
rules consistent with this Code, as to the distribution of business
among such Assistant Sessions Judges. The Sessions Judge may
also make provision for the disposal of any urgent application, in
the event of his absence or inability to act, by an additional or
Assistant Sessions Judge, or, if there by no Additional or Assistant
Sessions by the Chief Judicial Magistrate and every such Judge or
Magistrate shall be deemed to have jurisdiction to deal with any
such application.
COURTS OF JUDICIAL MAGISTRATES:
Section 11 provides that each Sessions division shall be divided
into several Judicial Magistrates of the first class and of the
second class (except Metropolitan area).
CHIEF JUDICIAL MAGISTRATE AND ADDITIONAL CHIEF JUDICIAL
MAGISTRATE:
Section 12 provides that in every district, the High Court shall
appoint a judicial Magistrate of the First Class to be the Chief
Magistrate. The High Court may appoint any Judicial Magistrate
of the first class to be an Additional Chief Judicial Magistrate and
such Magistrate shall have all or any of the powers of a chief
Judicial Magistrate under this Code or under any other law for
the time being in force as the High Court may direct. The High
Court may designate any Judicial Magistrate of the first class in
any subdivision as the sub-divisional Judicial Magistrate and
relieve him of the responsibilities specified in this section-as
occasion requires.
Subject to the general control of the Chief Judicial Magistrate
every sub-divisional Judicial Magistrate shall also have and
exercise, such powers of supervision and control over the work of
the Judicial Magistrates (other than Additional Chief Judicial
Magistrates) in the sub-division as the High Court may, by general
or special order, specify.
SPECIAL JUDICIAL MAGISTRATES:
Section 13 provides that on the request of the Central or State
Government, the High Court may confer upon any Government
servant, all or any of the powers conferred or conferrable by or
under this Code as a Judicial Magistrate of the first class or of the
second class, in respect to particular cases or to particular classes
of cases, in any local area, except metropolitan area.
Such person shall possess such qualification or experience in
relation to legal affairs, according to the rules fixed by the High
Court. The duration of such appointment shall not exceed one
year at a time.
LOCAL JURISDICTION OF JUDICIAL MAGISTRATES:
Section 14 provides that the Chief Judicial Magistrate may, from
time to time, define the local limits of the areas within which the
Magistrates appointed.
The jurisdiction and powers of every such Magistrate shall extend
throughout the district. Here the district means judicial district,
not revenue district.
SUBORDINATION OF JUDICIAL MAGISTRATES:
Section 15 provides that every Chief Judicial Magistrate shall be
subordinate to the Sessions Judge. Every other Judicial
Magistrate shall, Subject to the general control of the Sessions
Judge, be subordinate to the Chief Judicial Magistrate. The chief
Judicial Magistrate may, make rules or give special orders from
time to time, as to the distribution of business among the Judicial
Magistrate subordinate to him.
COURTS OF METROPOLITAN MAGISTRATES:
Section 16 provides that 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. The High Court shall
appoint the presiding officers of such Courts. The jurisdiction and
powers of every Metropolitan magistrate shall extend throughout
the metropolitan area.
CHIEF METROPOLITAN MAGISTRATE AND ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE
Section 17 (1) provides that the High Court shall in every
metropolitan area within its local jurisdiction appoint a
Metropolitan Magistrate to be the Chief Metropolitan Magistrate
for such metropolitan area.
Section 17 (2) provides that the High Court may appoint any
Metropolitan Magistrate to be an Additional Chief Metropolitan
Magistrate, and such Magistrate shall have all or any of the
powers of a chief Metropolitan Magistrate under this Code or
under any other law for the time being in force as the High Court
may direct.
SPECIAL METROPOLITAN MAGISTRATE:
Section 18 provides that on the request of the Central or State
Government, the High Court may confer upon any Government
servant, all or any of the powers conferred or conferrable by or
under this Code as a special Metropolitan Magistrate, in any
Metropolitan area Such person shall possess such qualification or
experience in relation to legal affairs, according to the rules fixed
by the High Court. The duration of such appointment shall not
exceed one year at a time.
SUBORDINATION OF METROPOLITAN MAGISTRATE:
Section 19 provides that the Chief Metropolitan Magistrate and
every Additional Chief Metropolitan magistrate shall be
subordinate to the Sessions Judge. Every other Metropolitan
magistrate shall, subject to the general control of the Sessions
Judge, be subordinate to the Chief Metropolitan Magistrate. The
Chief Metropolitan Magistrate may, make rules or give special
orders, from time to time as to the distribution of business
among the Metropolitan Magistrate and as to the allocation of
business to an Additional Chief Metropolitan Magistrate.
EXECUTIVE MAGISTRATES
[Ss. 20-23]
Executive Magistrates:
According to Section 20, there are five classes of Executive
Magistrates:-
1. The District Magistrate
2. The Additional District Magistrate
3. The Sub-Divisional Magistrate,
4. The Executive Magistrates and;
5. The Special Executive Magistrates.
Besides them, in relation to a Metropolitan area, the State
Government confer all or any of the powers of the Executive
Magistrate on the Commissioner of Police under any law for the
time being in force. The State Government is empowered to
appoint one of the Executive Magistrates as District Magistrate in
every district.
SPECIAL EXECUTIVE MAGISTRATES:
Section 21 empowers the State Government to appoint Executive
Magistrate as Special Executive Magistrates for particular area or
for the performance of particular functions and confer on such
Special Executive Magistrates such of the powers as are
conferrable under the Code on Executive Magistrates, as it may
deem fit.
LOCAL JURISDICTION OF EXECUTIVE MAGISTRATES:
Section 22 empowers the State Government to specify the local
jurisdiction of Executive Magistrates.
SUBORDINATION OF EXECUTIVE MAGISTRATES:
According to Section 23, all Executive Magistrates other than the
Additional District Magistrate, shall be subordinate to the District
Magistrate, and every Executive Magistrate (other than the Sub-
Divisional Magistrate) exercising powers in a sub-division shall
also be subordinate to the Sub-Divisional Magistrate, subject
however, to the general control of the District Magistrate.
The District Magistrate may, from time to time, make rules or
give special orders, consistent with this Code, as to the
distribution of business among the Executive Magistrates
subordinate to him and as to the allocation of business to an
Additional District Magistrate.
 POWERS OF THE COURTS (Ss. 26-35] [Ch.III]
Chapter-III(Powers of Courts) (Ss. 26-35) lays down the provisions
of the "Powers of the Courts"
Courts by which offences are triable:
Section 26 lays down that subject to the other provisions of
this Code,
(a) any offence under the Indian Penal Code (45 of 1860) may be
tried by
a. the High Court, or
b. the Court of Session, or
c. any other Court by which such offence is shown in the
First Schedule to be triable;
(b) any offence under any other law shall, when any Court is
mentioned in this behalf in such law, be tried by such Court and
when no Court is so mentioned, may be tried by,
i. the High Court, or
ii. any other Court by which such offence is shown in the First
Schedule to be triable.
JURISDICTION IN THE CASE OF JUVENILES:
Section 27 provides that any offence not punishable with death
or imprisonment for life, committed by any person who at the
date when he appears or is brought before the Court is under the
age of sixteen years, may be tried by the Court of a Chief Judicial
Magistrate, or by any Court specially empowered under the
Children Act, 1960 (60 of 1960), or any other law for the time
being, in force providing for the treatment, training and
rehabilitation of youthful offenders. For the Juvenile offenders/
Juvenile in conflict with law, a separate Act, the Juvenile Justice
(Care and Protection of Children) Act, 2000 has been enacted.
SENTENCES WHICH HIGH COURTS AND SESSIONS JUDGES MAY
PASS:
Section 28 lays down:
i. A High Court may pass any sentence authorised by law
ii. A Sessions Judge or Additional Sessions Judge may 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.
iii. An Assistant Sessions Judge may pass any sentence
authorised by law except a sentence of death or of
imprisonment for life or of imprisonment for a term
exceeding ten years.
SENTENCES WHICH MAGISTRATES MAY PASS:
Section 29 lays down:
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.
2) 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.
3) 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.
4) 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.
SENTENCE OF IMPRISONMENT IN DEFAULT OF FINE:
Section 30 lays down that the Court of a Magistrate may award
such term of imprisonment in default of payment of fine as is
authorised by law.
POWERS OF JUDGES AND MAGISTRATES EXERCISABLE BY THEIR
SUCCESSORS-IN-OFFICE:
Section 35 lays down that subject to the other provisions of this
Code, the powers and duties of a Judge or Magistrate may be
exercised or performed by his successor-in-office When there is
any doubt as to who is the successor-in-office of any Additional or
Assistant Sessions Judge, the Sessions Judge shall determine by
order in writing the Judge who shall, for the purposes of this
Code or of any proceedings or order thereunder, be deemed to
be the successor-in-office of such Additional or Assistant Sessions
Judge.
When there is any doubt as to who is the successor-in-office of
any Magistrate, the Chief Judicial Magistrate, or the District
Magistrate, as the case may be, shall determine by order in
writing the Magistrate who shall, for the purposes of this Code or
of any proceedings or order thereunder, be deemed to be the
successor-in-office of such Magistrate.