Law and You >Procedural Laws > CrPC > Hierarchy of Criminal Courts (S. 6 CrPC)
Administration of justice is the most important function of the state. For this purpose our constitution has set up a hierarchy of courts. A court is a place where legal trials take place. It is an institution where several disputes are settled via the legal process. In this article, we shall discuss the hierarchy of Criminal Courts in India (S. 6 CrPC)
The word court is attributed and has acquired the meaning of either a place where justice is administered and a person or persons who administer justice. In order to be a court the person or persons who may be said to constitute it must be entrusted with judicial functions. Judicial function means the function of deciding litigated questions according to law-deciding them not arbitrarily but on evidence and according to certain rules of procedure which ensure that the person, who is called upon to decide them, acts with fairness and impartiality.
There are three types of courts: Civil Court, Criminal Court and Revenue Court. In this case we will discuss criminal court. The Supreme Court is the apex body, followed by state High Courts which have been created by the constitution of India, and their jurisdiction and powers are well defined in the constitution itself. Apart from the Supreme Court and High Courts, the criminal courts have been described in the Criminal Procedure Code, 1973.
The term criminal court is not defined in the court but the code of criminal procedure, Act 25 of 1861 defined it as denoting every judge or magistrate lawfully exercising jurisdiction in criminal cases whether for the decision of such cases in the first instance or an appeal or for commitment to any other court or officer.
A Criminal Court is a court that has the jurisdiction and authority to try and punish the persons accused of committing a crime as per criminal law. Generally, the government files a case in Criminal Courts against a person who has committed any crime. The reason behind this is that whenever a crime is committed, it is considered an act against a state and not only the victim. It is the paramount duty of the state to protect its citizens. Therefore, the state becomes operative when a crime is committed.
Section 6 CrPC:
Classes of Criminal Courts:
Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:
(i) Courts of Session;
(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.
Classes of Criminal Courts in India:
Criminal courts can be categorized or classified, in the hierarchy, as given below:
- Supreme Court.
- High Court.
- Sessions Court (also called Court of Session).
- Judicial Magistrates of First Class (called Metropolitan Magistrates in metropolitan areas).
- Judicial Magistrates of Second Class.
- Executive Magistrates
Supreme Court
The Supreme Court of India has the jurisdiction to deal with criminal cases. The jurisdiction and powers of this court are very well mentioned in the Indian Constitution. Section 379 of the Criminal Procedure Code provides provisions related to appeal in the Supreme Court under certain circumstances. Section 406 of CrPC also grants the Supreme Court the power to transfer cases and appeals from one High Court to the other High Court.
High Court:
High Courts are established for each state by the Constitution of India. Article 227 of the Indian Constitution provides that except for the court formed for the armed forces, every High Court must have supervision over all courts and tribunals throughout the territories over which it exercises jurisdiction. CrPC imposes a duty on the High Court under section 483 to exercise continuous control over the courts of Judicial Magistrates subordinate to it. The code has also granted several powers and duties to the High Court, including those related to appeals and amendments. The High Court has the power to pass any sentence authorised by law.
Session Court:
Section 6 of the Criminal Procedure Code, provides for Subordinate Courts, apart from the High Court in every state. The provisions related to the Court of Session are contained under section 9 of CrPC. According to Section 9 of CrPC, every state must establish a Court of Session for every Sessions Division, which is to be governed by a judge. Judges of Session Courts are appointed by the High Court. The High Court can also appoint Additional Sessions Judges and Assistant Sessions Judges to govern the Court of Session. According to Section 10 of CrPC all Assistant Sessions Judge are subordinate to the Sessions Judge in whose court they exercise the control. This court does not have the power to grant bail in serious cases.
Sessions Court has both Original and Appellate jurisdiction. Section 28(2) of the Code of Criminal Procedure, 1973 lays down that a Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
Courts of Judicial Magistrates of First and Second Class:
Section 11(1) of CrPC provides that the Court of Judicial Magistrates of the First Class and the Second Class must be established in such number and at such places, as the High Court may by notification, specify. The state government must consult with the High Court. According to Section 11(2) of CrPC, the presiding officers of these courts are appointed by the High Court. However, these courts are not to be established in a metropolitan area.
The state government can also establish special courts of Judicial Magistrate of the First Class or the Second Class to attempt any particular case or a particular class of cases after consulting with the High Court.
According to Section 15(1) of CrPC, a Sessions Judge shall be superior to the Chief Judicial Magistrate and the Chief Judicial Magistrate shall be superior to the other Judicial Magistrate.
Section 11(3) of CrPC also grants the power to the High Court to direct the powers of a Judicial Magistrate of the First Class or the Second Class on any member of the Judicial Service of the state who is functioning as a judge in a Civil Court. The powers can be granted only when it is necessary.
According to Section 12(1) of CrPC, the Judicial Magistrate of the First Class must be appointed as a Chief Judicial Magistrate in every district by the High Court.
According to Section 29(2) of CrPC, the Judicial Magistrate of the First Class can punish an accused with imprisonment up to 3 years or/and a fine up to Rs 10000. And as per section 29(3) of CrPC, the Judicial Magistrate of the Second Class can pass the sentence of imprisonment of up to 1 year or/and fine up to Rs 5000.
Court of Metropolitan Magistrates:
According to Section 2(k) of CrPC, “metropolitan area” means the area declared, or deemed to be declared, under section 8, to be a metropolitan area. The provisions related to the Court of the Metropolitan Magistrates are described under section 16 of the Criminal Procedure Code.
According to Section 16(1), the state government is entitled to establish Courts of Metropolitan Magistrates in every metropolitan area. The state government establishes such courts in such numbers and places, as the High Court may specify.
According to Section 19 of CrPC the Sessions Judge shall be superior to the Additional Chief Metropolitan Magistrate and Chief Metropolitan Magistrate and other Metropolitan Magistrates shall be subordinate to the CMM.
The High Court may confer upon Special Metropolitan Magistrates the powers which a Metropolitan Magistrate can exercise in respect to particular cases or particular classes of cases. Such Special Metropolitan Magistrates shall be appointed for such term, not exceeding one year at a time.
According to Section 29(4) of CrPC, 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. Thus, the Metropolitan Magistrate can punish an accused with imprisonment up to 3 years or/and a fine up to Rs 10000.
Executive Magistrates:
As executive magistrates are supposed to execute administrative functions, they were neither given power to try accused nor pass verdicts. They are mainly concerned with administrative functions.
As per Section 20, in every district and in every metropolitan area, Executive Magistrates shall be appointed by the State Government and one of them shall be appointed as the District Magistrate. An Executive Magistrate shall be appointed as an Additional District Magistrate and such Magistrate shall have such of the powers of a District Magistrate under the Code.
The executive magistrates have the power to determine the amount of bail according to the provisions of the warrant issued against the accused, pass orders restraining people from committing a particular act or preventing persons from entering an area (Section 144 CrPC), they are the authority to whom people are taken to when they are arrested outside the local jurisdiction, the executive magistrates are the only one with the power to disperse a crowd or an unlawful assembly, further, they are authorized to use force while doing the same according to the gravity and requirements of the situation. Executive Magistrates are assisted by the police while executing their functions.
According to Section 21 of CrPC, Executive Magistrates are appointed by the state government and are known as Special Executive Magistrates. The term for the appointment is decided by the state government. They are appointed either to fulfil special needs of particular areas or for serving particular functions in the specified areas.
According to section 22(1) of CrPC, the local jurisdiction of the Executive Magistrates is determined by the District Magistrate. However, it is subject to the control of the state government. Furthermore, section 22(2) provides that if the jurisdiction of the Executive Magistrates is not defined, the powers and jurisdiction of every such Magistrate extends to the whole of the district.
Section 7 CrPC:
Territorial Divisions:
(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions divisions shall, for the purposes of this Code, be a district or consist of districts: Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.
(2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.
(3) The State Government may, after consultation with the High Court, divide any district into subdivisions and may alter the limits or the number of such sub-divisions.
(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section.
Section 8:
Metropolitan Areas:
(1) 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 shall be a metropolitan area for the purposes of this Code.
(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area.
(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million.
(4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place.
(5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place.
Explanation:
In this section, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published
Conclusion:
Criminal Courts are established to impart justice to people and punish the offenders that go against the law. The hierarchy is established according to the rule book of the Code of Criminal Procedure, 1973. The Supreme Court is the highest criminal court in India. There is a High Court in each State. Two States have the same High Court. Section 6 of the Code of Criminal Procedure, 1973 provides for constitution of Criminal courts. The Sessions Court headed by the Sessions Judge is the highest Criminal Court in the district. As the District Judge also functions as the Sessions Judge, he is known as the District and Sessions Judge. It may pass any sentence authorized by provisions of law, but a death sentence, passed by it, has to be confirmed by the High Court. A First Class Magistrate can pass a sentence of imprisonment not exceeding three years or a fine not exceeding ten thousand rupees and A Second Class Magistrate can pass a sentence of imprisonment up to one year or a fine not exceeding five thousand rupees.