Constitution Of Criminal Courts And Their Power

Constitution, Hierarchy, Jurisdiction, and powers of Criminal Courts in  India – LAWTUER – Legal Blog | Civil | Criminal | Corporate | IPR |  Taxation | Employment / Labour | Family Law |

Chapter 2nd Section 6 to 35 of Code of Criminal Procedure deals with the Constitution of Criminal Courts and their powers although section 6 of Code of Criminal Procedure deals with the classification of criminal Courts. According to section 6 there are 4 kinds of Criminal Courts i.e. Court of Session, Court of judicial Magistrate, Court of Metropolitan Magistrate and Executive Magistrate.  The Judicial system in India is in the form of a pyramid, with the Supreme Court being at the top of the hierarchy.  The hierarchy has been created in a manner that it is possible for a person even from a remote area to approach the courts to get their disputes resolved. The system is well equipped to deal with issues of the Union as well as State laws.

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 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.
  • 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

 

Establishment And Powers Of Supreme Court And High Court

The establishment of Supreme Court is given under article 124 of the Constitution of India and establishment of High Court is given under article 214 of the Constitution of India. As being a Constitutional Courts there is no restrictions on the power of Supreme Court and High Court and even the powers of High Court mention in section 28(1) of Code of Criminal Procedure. According to section 28(1) High Court may pass any sentence authorized by law.

 

Establishment And Powers Of Session Court

The establishment of Court of Session given under section 9 and 10 of Code of Criminal Procedure. According to section 9 Court of Session established by State government.

Appointment of District Judges

According to article 233 of the Constitution of India all district judges shall be appointed by Governor in consultation with High Cour

Powers of Session Courts:

According to section 28(2) of Code of Criminal Procedure deals with Session Judge or Additional Session Judge may pass any sentence authorized by law and if Session Judge or Additional Session Judge pass sentence of death then such sentence shall be subject to confirmation of High Court.

According to section 28(3) Assistant Session Judge may pass any sentence authorized by law except the sentence of death, life imprisonment or imprisonment more than 10 years.

 

Establishment, Appointment And Powers Of Court Of Judicial Magistrate

Section 11 of Code of Criminal Procedure deals with the establishment of Court of Judicial Magistrate. According to section 11 Court of Judicial Magistrate established by state government.

Appointment of Court of Judicial Magistrate:

The appointment of Judicial Magistrate are given under article 234 of the Constitution of India. According to article 234 all judges other than district judges shall be appointed by the Governor in consultation with State Public Service Commission and the High Court.

Now according to section 12 of Code of Criminal Procedure any Judicial Magistrate first Class shall be appointed as Chief Judicial Magistrate by High Court.

 

Powers of Court of Judicial Magistrate

The power of Chief Judicial Magistrate given under section 29(1). According to section 29(1) Chief Judicial Magistrate may pass any sentence authorized by law except the sentence of death, life imprisonment and imprisonment more than 7 years.

Section 29(2) of Code of Criminal procedure deals with Judicial Magistrate 1st class may pass any sentence authorized by law except the sentence of death, life imprisonment and imprisonment more than 3 years and he may also impose fine upto 10,000 Rs and in Maharashtra and Rajasthan they may impose fine upto Rs.50,000/-

Section 29(3) talks about Judicial Magistrate 2nd Class may pass any sentence authorized by law except the sentence of death, life imprisonment and imprisonment more than 1 year and he may also impose fine upto 5,000 Rs and in Maharashtra he may impose fine upto Rs.10,000/-

 

Establishment, And Powers Of Court Of Metropolitan Magistrate

The establishment of Court of Metropolitan Magistrate is given under section 16 of code of Criminal Procedure and according to section 17 any Metropolitan Magistrate shall be appointed as a Chief Metropolitan Magistrate by High Court.

Powers of Court of Metropolitan Magistrate

According to section 29(4) the Chief Metropolitan Magistrate and Metropolitan Magistrate shall possess the same power of Chief Judicial Magistrate and Judicial Magistrate First Class i.e Chief Metropolitan Magistrate may pass sentence of imprisonment upto 7 years and Metropolitan Magistrate may pass sentence of imprisonment upto 3 years and fine upto 10,000 Rs and in Maharashtra and Rajasthan Rs.50,000/-

Power And Function Of Executive Magistrate

Section 20 of Code of Criminal Procedure deals with Executive Magistrate. In every district and in every Metropolitan area State Government may appoint the executive Magistrate and shall appoint one of them to be District Magistrate.

The function of Executive Magistrate is given under section 129,130,131 and 144 in Code of Criminal Procedure, 1973.

Conclusion

Now I would like to conclude that the powers of Criminal Courts are different but Chief Metropolitan Magistrate possess the same power of Chief Judicial Magistrate and Metropolitan Magistrate possess the same power of Judicial Magistrate First Class. We also see a Sessions Judge or Additional Sessions Judge may pass any sentence but in case of sentence of death it shall be subject to the confirmation of High Court under section 366 of the Code of Criminal Procedure.

The hierarchy of the Courts has been developed in such a manner that it becomes easy for everyone who is living in this country to knock the doors of the courts whenever a dispute arises. It provides a platform for the citizens for appealing to higher courts, in case they feel that justice has been denied to them by the lower courts. India is a country with a huge population in it. Therefore, it needs this existing system of Judiciary to prosper and makes its process easier, so that people can approach it easily so that Justice is given to all citizens of this country

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