Tag Archives: codeofcriminalprocedure

INTRODUCTION

Hierarchy of courts is an organization of courts that forms a pyramid. Here, criminal courts are assembled as per there:

• competency to try case and
• power to pass sentence.

Criminal courts under Indian justice system, constitutes of powers and duties, where it:

• attempts to mitigate crime by upholding social control and
• sanction penalties and rehabilitation measures to the offenders.

HIERARCHY OF CRIMINAL COURTS IN INDIA

• The Supreme Court
• High Courts
• Sessions Court
  • It consists of-
    • Sessions Judge and Additional Sessions Judge
    • Assistant Sessions Judge
• Magistrate Courts
  • Categorized as-
    • Chief Metropolitan Magistrate (or Additional Metropolitan magistrate)
      • Metropolitan Magistrate
      • Special Metropolitan Magistrate
    • Chief Judicial Magistrate (or Additional Judicial Magistrate)
      • Sub-divisional Judicial Magistrate
        • Judicial Magistrate of first class
        • Judicial Magistrate of second class

I.THE SUPREME COURT

• The Supreme Court is the Apex Court of India, established under Article 124 of the Indian Constitution.
• Holding the top most slot in the hierarchy of criminal courts, it possesses power:
  • As final court of appeal and
  • To pass any sentence, authorized by law.

II. HIGH COURTS

• High courts are established under Article 214 of the Indian Constitution.
• Duty bound to administer justice in:
  • The State,
  • Group of states and
  • Union Territories.
• Possess power under section 28(1), Code of Criminal Procedure, 1973:
  • To pass any sentence authorized by law.

III. SESSIONS COURT

• Session Courts are established:
  • By, State Government under section 9, Code of Criminal Procedure, 1973.
  • In, every session division, as-
    • Division, prescribed over by a Judge,
    • Judge, appointed by High Court of the state,
    • State in which Session Court is established.

POWERS TO SESSIONS COURT JUDGES:

 (a).Sessions Judge and Additional Sessions Judge-

• May pass any sentence authorized by law.
• Exception- section 28(2), Code of Criminal Procedure, 1973:
  • Death sentence, subject to the High Court confirmation.

(b).Assistant sessions Judge-

• May pass any sentence authorized by law.
  • Exception- Section 28(3), Code of Criminal Procedure, 1973:
    • Assistant Sessions Judge cannot pass:
      • Death sentence or
      • Imprisonment for life or
      • Imprisonment for a term exceeding 10 years.

IV. MAGISTRATE COURTS

• Magistrate Courts are categorized as per metropolitan areas.
• Magistrate Courts are established:
  • By, State Government after consultation of the High Court.
  • For proceedings to take place by-
    • Metropolitan Magistrates: In metropolitan areas under section 16, Code of Criminal Procedure, 1973.
    • Judicial Magistrates: In areas other than metropolitan areas under section 11, Code of Criminal Procedure, 1973.
• All forms of magistrate Courts are categorized in 4 categories, for better understanding of there working:

(i) COURT OF CHIEF METROPOLITAN MAGISTRATE (or Addl. MM) and COURT OF CHIEF JUDICIAL MAGISTRATE (or Addl. JM)

• Under section 29(4), Code Criminal Procedure, 1973:
  • Chief Metropolitan Magistrate (or Additional Metropolitan Magistrate) and Chief Judicial Magistrate (or Additional Judicial Magistrate), possess same power.
• Under section 29(1), Code Criminal Procedure, 1973:
  • The Chief Judicial Magistrate can pass any sentence authorized by law, except-
    • Death sentence or
    • Imprisonment for life or
    • Imprisonment for a term exceeding 7 years.

(Following section 29(4), Chief Metropolitan Magistrate even possess this power and bound by its following exception.)

(ii) SUB-DIVISION JUDICIAL MAGISTRATE

• Being subordinate to Chief Judicial Magistrate:
  • Judicial Magistrate for first class may be delegated as sub-divisional Judicial Magistrate.
• Sub-divisional Judicial Magistrate, possess power to control and supervise work of Judicial Magistrate:
  • Except- Additional Chief Judicial Magistrate.

(iii) COURT OF METROPOLITAN MAGISTRATE and COURT OF JUDICIAL MAGISTRATE of first class

• Under section 29(4), Code Criminal Procedure, 1973:
  • Court of Metropolitan Magistrate and Court of Judicial Magistrate of first class possess the same power.
• Under section 29(2), Code Criminal Procedure, 1973:
  • Court of Judicial Magistrate of first class can pass any sentence authorized by law, of-
    • Imprisonment for a term not exceeding 3 years or
    • Fine, not exceeding 10, 000 rupees or
    • Both.

(Following section 29(4), Chief Metropolitan Magistrate even possess this power and bound by its following exception.)

(iv) SPECIAL METROPOLITAN MAGISTRATE

• Special Metropolitan Magistrate possesses power:
  • Granted by-
    • The High Court or
    • The State Government.
  • To, exercise power of Judicial Magistrate for first class.
  • In, any area outside the metropolitan area.

(v) COURT OF JUDICIAL MAGISTRATE of second class

• Possess power under section 29(3), Code Criminal Procedure, 1973:
  • Can pass any sentence of-
    • Imprisonment for a term not exceeding 1 year or
    • Fine, not exceeding 5000 rupees or
    • Both.