POWER AND HIERARCHY OF CRIMINAL COURTS IN INDIA

 

Different countries of the world operate under different hierarchy of courts. India being a very vast country has the largest and the most complex system in the world. Due to the diversified nature of the country, there are different types of courts, tribunals and forums. Indian judicial system aims to act as a guardian of the Constitution of India and guardian of Fundamental Rights.  Criminal justice system aims to control, deter and mitigate crime by offering a rigid system of not only punishing the offenders but also reforming and rehabilitating them. The rights and responsibilities of different courts are divided in the following manner:

 

 

SUPREME COURT

 

Supreme Court is positioned as the highest and final court of appeal under the Constitution of India. It is established by Part V, Chapter IV of Constitution. The composition of Supreme Court includes Chief Justice and 30 other judges which are appointed by president of India. Supreme Court being the apex court of the country has original, appellate and advisory jurisdiction.  In criminal matters an appeal lies to Supreme Court if the High Court-

  • Has reversed the order on appeal and cancelled acquittal of an accused person with a sentence to death or imprisonment for life or period of not less than 10 years.
  • Has withdrawn for trial prior to any case from any court subordinate to its authority and has convicted the accused in such trial or sentenced him to death or to imprisonment of life or for a period of not less than 10 years.
  • If court certifies that the case is fit for appeal to Supreme Court.

 

HIGH COURT

 

High Court stands at second level of authority in the hierarchy. Every state has its own High Court which enjoys the following powers-

  • Power to issue writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose.
  • Power of superintendence over all courts in the respective jurisdiction.

 

Besides the Hight court and courts constituted under any law, Section 6 of the criminal procedure court states that there shall be in every state, the following classes of Criminal Courts namely:

  1. Court of Sessions
  2. Judicial magistrate of first class and in Metropolitan area, Metropolitan Magistrates
  3. Judicial magistrates of the second class;
  4. Executive Magistrates

 

 

COURT OF SESSIONS

SESSIONS JUDDGE

Section 9 of the CrPc talks about the formation of the Sessions Court.  The state government establishes a sessions court for every division which is presided over by a judge appointed by the High Court. The High Court may also appoint Additional Sessions Judge and Assistant Session Judge. The Sessions Judge of one division may act as an Assistant Sessions  Judge of the other division and if the seat of Sessions judge is vacant, Hight Court may appoint Assistant Sessions Judge or Additional Sessions Judge  for the disposal of urgent applications.

 

ASSISTANT SESSION JUDGE

Assistant Sessions Judge are subordinate to Sessions Judge and they work according to the rules and business distributed by Sessions Judge. In absence Sessions Judge, they may work on their behalf.

 

COURT OF JUDICIAL MAGISTRATES

 

In every district which is not a metropolitan area, there shall be established as many Courts of Judicial Magistrates of first class and second class as the State Government after the consultation with High Court specify. Every Judicial Magistrate is deemed to be subordinate to Sessions Judge.

 

CHIEF JUDICIAL MAGISTRATE

In every district Hight Court appoints the Judicial Magistrate of first class to be Chief Judicial Magistrate. The High Court may appoint any Judicial Magistrate of first class to be an Additional Chief Judicial Magistrate.

 

METROPOLITAN MAGISTRATE

In every Metropolitan area High court appoints Metropolitan Magistrates after the consultation from State government. The Metropolitan Magistrate works under the instructions of Sessions Judge.

 

EXECUTIVE MAGISTRATE

Section 20 states that, in every district there shall be an Executive Magistrate which is appointed by the State Government and one of them becomes District Magistrate.

 

 

CONCLUSION

 

The hierarchy of Indian courts hold an astute value in the country. It is an essential  mechanism which safeguards the interest of people and protects them within in domain of powers granted to them. It ensures that no citizen of the country shall feel that justice is denied to them in any manner. Therefore, the existing system aims to make the country prosper by giving rights, making and running mechanisms to ensure the protection of rights!

 

POWER AND HIERARCHY OF CRIMINAL COURTS IN INDIA

 

 

 

 

Different countries of the world operate under different hierarchy of courts. India being a very vast country has the largest and the most complex system in the world. Due to the diversified nature of the country, there are different types of courts, tribunals and forums. Indian judicial system aims to act as a guardian of the Constitution of India and guardian of Fundamental Rights.  Criminal justice system aims to control, deter and mitigate crime by offering a rigid system of not only punishing the offenders but also reforming and rehabilitating them. The rights and responsibilities of different courts are divided in the following manner:

 

 

SUPREME COURT

 

Supreme Court is positioned as the highest and final court of appeal under the Constitution of India. It is established by Part V, Chapter IV of Constitution. The composition of Supreme Court includes Chief Justice and 30 other judges which are appointed by president of India. Supreme Court being the apex court of the country has original, appellate and advisory jurisdiction.  In criminal matters an appeal lies to Supreme Court if the High Court-

  • Has reversed the order on appeal and cancelled acquittal of an accused person with a sentence to death or imprisonment for life or period of not less than 10 years.
  • Has withdrawn for trial prior to any case from any court subordinate to its authority and has convicted the accused in such trial or sentenced him to death or to imprisonment of life or for a period of not less than 10 years.
  • If court certifies that the case is fit for appeal to Supreme Court.

 

HIGH COURT

 

High Court stands at second level of authority in the hierarchy. Every state has its own High Court which enjoys the following powers-

  • Power to issue writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose.
  • Power of superintendence over all courts in the respective jurisdiction.

 

Besides the Hight court and courts constituted under any law, Section 6 of the criminal procedure court states that there shall be in every state, the following classes of Criminal Courts namely:

  1. Court of Sessions
  2. Judicial magistrate of first class and in Metropolitan area, Metropolitan Magistrates
  3. Judicial magistrates of the second class;
  4. Executive Magistrates

 

 

COURT OF SESSIONS

SESSIONS JUDDGE

Section 9 of the CrPc talks about the formation of the Sessions Court.  The state government establishes a sessions court for every division which is presided over by a judge appointed by the High Court. The High Court may also appoint Additional Sessions Judge and Assistant Session Judge. The Sessions Judge of one division may act as an Assistant Sessions  Judge of the other division and if the seat of Sessions judge is vacant, Hight Court may appoint Assistant Sessions Judge or Additional Sessions Judge  for the disposal of urgent applications.

 

ASSISTANT SESSION JUDGE

Assistant Sessions Judge are subordinate to Sessions Judge and they work according to the rules and business distributed by Sessions Judge. In absence Sessions Judge, they may work on their behalf.

 

COURT OF JUDICIAL MAGISTRATES

 

In every district which is not a metropolitan area, there shall be established as many Courts of Judicial Magistrates of first class and second class as the State Government after the consultation with High Court specify. Every Judicial Magistrate is deemed to be subordinate to Sessions Judge.

 

CHIEF JUDICIAL MAGISTRATE

In every district Hight Court appoints the Judicial Magistrate of first class to be Chief Judicial Magistrate. The High Court may appoint any Judicial Magistrate of first class to be an Additional Chief Judicial Magistrate.

 

METROPOLITAN MAGISTRATE

In every Metropolitan area High court appoints Metropolitan Magistrates after the consultation from State government. The Metropolitan Magistrate works under the instructions of Sessions Judge.

 

EXECUTIVE MAGISTRATE

Section 20 states that, in every district there shall be an Executive Magistrate which is appointed by the State Government and one of them becomes District Magistrate.

 

 

CONCLUSION

 

The hierarchy of Indian courts hold an astute value in the country. It is an essential  mechanism which safeguards the interest of people and protects them within in domain of powers granted to them. It ensures that no citizen of the country shall feel that justice is denied to them in any manner. Therefore, the existing system aims to make the country prosper by giving rights, making and running mechanisms to ensure the protection of rights!

 

 

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