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Classes of Criminal Courts (Section 6)
Section 6 lays down that besides the High Court and the courts constituted under any law other than the Code of Criminal Procedure Law, there are four classes of criminal courts in India, namely –
Section 6 lays down that besides the High Court and the courts constituted under any law other than the Code of Criminal Procedure Law, there are four classes of criminal courts in India, namely –
Courts of Session;
JM I (Judicial Magistrate of the First Class) or, MM(Metropolitan Magistrate);
Judicial Magistrates of the Second Class; and
JM I (Judicial Magistrate of the First Class) or, MM(Metropolitan Magistrate);
Judicial Magistrates of the Second Class; and
Executive Magistrates.
Under Section 6, the ‘courts constituted under any other law’ include courts like the Juvenile Courts, Nyaya Panchayats, Special Courts (Courts of a Special Judge; a court of original criminal jurisdiction established under the Criminal Laws Amendment Acts.
Note
Second class Judicial magistrate have power to hear those case only in which the maximum punishment is up to 1 year, and maximum fine is 5000
First class magistrate JMFC : Can hear those cases whose maximum punishment is 3 years and 10,000 fine
Chief Judicial Magistrate CJM- Can hear those cases whose maximum punishment is 7 years and no limit for fine
Court of Session
Session Judge- Any Punishment but in case of Death Punishment, he shall have to confirm with Hight Court
Additional Session Judge- Any Punishment but in case of Death Punishment, he shall have to confirm with Hight Court
Assistant Session Judge- Can hear those cases whose maximum punishment is 10 years and no limit for fine
Ques. Why is District and Sessions Judge called so?
Ans. District Judge – Does Civil work
Session Judge- Does Criminal work
Both are clubbed together, meaning thereby that both works are to be entertained by District and Sessions Judge or Additional District and Sessions Judge.
Territorial Divisions (Section 7)
Every state shall be a session division or consist of various Sessions divisions and every Session division shall be a district or consist of districts, but every metropolitan area shall be a separate session division and district.
Metropolitan Area (Section 8)
According to Section 8 of the Criminal Procedure Code, the State Government may, as per the notification, declare that as from such date specified in the notification, any area of the State includes a city or town whose population is more than one million, shall be a metropolitan area for the purpose of the Code.
Section 8(2) provides that from the commencement of this Code presidency towns of Bombay, Calcutta and Madras and the City of Ahmedabad shall be deemed to be metropolitan area.
Section 8(3) of criminal procedure code defines that state government may extend, reduce or alter in limit of the metropolitan area but the reduction or alteration shall not made as to decrease the population of such area to less than one million.
According section 8(4) Where, after declaration of an area to be a metropolitan area population of such area falls below one million shall on and as the State Government may cease to be a metropolitan area by notification from such date, but notwithstanding such cesser, any inquiry, trial or appeal is already pending before any court or magistrate in such area shall continue to deal with under the Code, as if such cesser had not taken place.
As per section 8(5) Where the State Government may reduces or alters in limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending before any court or Magistrate and such inquiry, trail or appeal shall be continue to be dealt with under the Code as if such reduction or alteration had not taken place.
Court of Session (Section 9)
According Section 9 (1)of Criminal Procedure Code, The State Government shall set up a Court of Session for every session division.
As per Section 9(2), Every Sessions Court shall preside over a Judge appointed by the High Court.
As per Section 9(3), The High Court may also appoint additional session Judges and Assistant Sessions Judges to exercise jurisdiction in the Sessions Court.
As per Section 9(4), The high court may also appoint the session judge of one session division, can be also session judge of another division . He may sit to dispose of cases at such place or places in other division as per the direction of High Court
As per Section 9(5), Where the post of Session judge is vacant then High court may arrange to disposal for urgent application which is pending before such session court, or Additional Session and Assistant Session Judge by a CJM and every such Judge or Magistrate shall have jurisdiction to deal with any such application
Subordination of Assistant Sessions Judge (Section 10)
The Assistant Sessions Judges are subordinate to the Sessions Judges in whose court they exercise jurisdiction.
The Sessions Judge may make rules consistent with this Code , as to the distribution of business among such Assistant Sessions Judges from time to time
The Sessions Judge may also make provision for disposal of any urgent application by an Additional or Assistant Sessions Judge, in the event of his absence or inability to act.
or If there is no Additional or Assistant Sessions Judge by the Chief Judicial Magistrate. The Additional Sessions Judge has concurrent judicial powers, but no concurrent administrative powers.
Administrative powers are general supervision of the Court, transfer of cases, assignment and marking of cases. All these administrative functions are performed by the Session Judge.
Courts of Judicial Magistrates (Section 11)
Section 11(1) provides that in every district the State Government may, after consultation with the High Court, establish as many courts of Judicial Magistrates of the first class and of the second class as it may consider necessary; the proviso to Section 11(1) provides that the State Government may also, after consultation with the High Court, establish, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases for any local area
These courts will not be given any other work in Cr.P.C. According to Section 11(2) the presiding officers of such Courts (including the special Courts) are to be appointed by the High Courts. Thus it is clear that the State Government has no authority to appoint the Judicial Magistrates.
CJM(Chief Judicial Magistrate) and ACJM(Additional Chief Judicial Magistrate) (Section 12)
The High Court is also required to appoint a Judicial Magistrate of the first class to be called Chief Judicial Magistrate (CJM) of the district. The main function of CJM is to guide, supervise and control other Judicial Magistrates. He may also try important cases. The Judicial Magistrate of the first class may also be appointed as Additional Chief Judicial magistrate (ACJM) and such Magistrate shall have all or any of the powers CJM as directed by the High Court. CJM is subordinate to the Session Judge and every other Judicial Magistrate is subordinate to CJM but subject to the general control of the Sessions Judge.
Special Judicial Magistrates (Section 13)
This section makes provisions for Special Judicial Magistrates. According to sub-section (1), If the Central or State Government requests the High Court to do so, the High Court shall direct any person who holds or has held any post under the Government in a local area which is not a metropolitan area.
In respect of particular case or particular classes of case, high court may confer all or any of power or conferrable by under this code to Second class Judicial Magistrate
But cannot confer such type of power if has has not any experience in legal cases
According to sub-section (2) of Section 13, such Magistrates shall be called as Sepcial Judicial magistrate and appointed for such term, not exceeding one year at a time, as the High Courts may direct, and
As per Section 13 (3), the High Court may authorize a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.
If the Central or State Government requests the High Court to do so, the High Court shall direct any person who holds or has held any post under the Government in a local area which is not a metropolitan area.
In respect of particular case or particular classes of case, high court may confer all or any of power or conferrable by under this code to Second class Judicial Magistrate
Local Jurisdiction of Judicial Magistrates (Section 14)
This section makes provisions for the local jurisdiction of Judicial Magistrates, the Chief Judicial Magistrate may define the local limits of the areas within which the Magistrates appointed Subjected to the control of High Court under Sections 11 or under Section 13 may exercise their powers.
Subordination of Judicial Magistrates (Section 15)
This section makes provisions for the subordination of Judicial Magistrate. For this purpose, Section 15(1) states that every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall be subordinate to the Chief Judicial Magistrate subject to the general control of the Sessions Judge,
Courts of Metropolitan Magistrates (Section 16)
The state government may establish such of Metropolitan Magistrate at such places and in such numbers as it deems fit after the consultation of High court , The presiding officers of these courts are appointed by the High Courts and not by the State Government for metropolitan areas
CJM(Chief Metropolitan Magistrate) and Additional Chief Metropolitan Magistrate (Section 17)
In a metropolitan area, the High Court appoints a Metropolitan Magistrate as Chief Metropolitan Magistrate (CMM). It may also appoint Additional Chief Metropolitan Magistrate who shall generally have all the powers of CMM.
Special Metropolitan Magistrates (Section 18)
This section makes provisions for Special Metropolitan Magistrates. According to sub-section (1), If the Central or State Government requests the High Court to do so, the High Court shall direct any person who holds or has held any post under the Government in a local area which is not a metropolitan area.
In respect of particular case or particular classes of case, high court may confer all or any of power or conferrable by under this code on Metropolitan Magistrate
But cannot confer such type of power if has has no any experience in legal cases
Subordination of Metropolitan Magistrates (Section 19)
The CMM and the ACMM are subordinate to the Sessions Judge and every Metropolitan Magistrate is subordinate to the CMM subject to the general control of the Session Judge.
Executive Magistrates (Section 20)
The Executive Magistrates (EM) are appointed by the State Governments for every district and metropolitan area and one of them is appointed as District Magistrate (DM). The State Government may also appoint Additional District Magistrate (ADM) who shall have such powers as are given to the DM under this Code or any other law as may be directed by the State Government.
As per Cr.P.C. (Amendment) Act, 2005, following amendments have been made in Section 20(4) “The State Government may impose, delegate its powers under sub-section (4) to the District Magistrate.” as may deem fit by general or special order and subject to such control and directions
Some of the powers exercised by the Executive Magistrate under the Cr.P.C. are as follows:
Under Section 150, the police officer sends a notice to his senior after he receives information of a design to commit any cognizable offence and then it is the duty of the officer to act upon the same.
Under Section 107, the Executive Magistrate may require any person, who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act to show cause as to why he should not be ordered to execute bond for keeping the peace for such period not exceeding one year.
Under Section 111, when any Magistrate requires a person to show cause then he shall make an order in writing setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties required.
Special Executive Magistrates (Section 21)
This section makes provision for the appointment etc. of Special Executive Magistrates. The task of appointment is on the State Government and is at his discretion. It may confer on such Magistrates such powers as are conferrable under this Code on Executive Magistrates as it may deem fit.
Local Jurisdiction of Executive Magistrates (Section 22)
The object of this section is to make provision for the local jurisdiction of Executive Magistrates. It is the District Magistrate who subject to the control of State Government may define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers which they may investe under this Code.
Subordination of Executive Magistrate (Section 23)
The object of this section is to make provision regarding to the subordination of Executive Magistrates. Under this section all Executive Magistrates have been made subordinate to the District Magistrate except the Additional District Magistrate and every Executive Magistrate, the other than the Sub-Divisional Magistrate exercising power in a sub-division shall be subordinate to the Sub-Divisional Magistrate however, subject to the general control of the District Magistrate.
The District Magistrate has been empowered to make rules or to give special orders as to the distribution of business among the Executive Magistrates subordinates to him and as to the allocation of business to an ADM(Additional District Magistrate)
Under Section 6, the ‘courts constituted under any other law’ include courts like the Juvenile Courts, Nyaya Panchayats, Special Courts (Courts of a Special Judge; a court of original criminal jurisdiction established under the Criminal Laws Amendment Acts.
Note
Second class Judicial magistrate have power to hear those case only in which the maximum punishment is up to 1 year, and maximum fine is 5000
First class magistrate JMFC : Can hear those cases whose maximum punishment is 3 years and 10,000 fine
Chief Judicial Magistrate CJM- Can hear those cases whose maximum punishment is 7 years and no limit for fine
Court of Session
Session Judge- Any Punishment but in case of Death Punishment, he shall have to confirm with Hight Court
Additional Session Judge- Any Punishment but in case of Death Punishment, he shall have to confirm with Hight Court
Assistant Session Judge- Can hear those cases whose maximum punishment is 10 years and no limit for fine
Ques. Why is District and Sessions Judge called so?
Ans. District Judge – Does Civil work
Session Judge- Does Criminal work
Both are clubbed together, meaning thereby that both works are to be entertained by District and Sessions Judge or Additional District and Sessions Judge.
Territorial Divisions (Section 7)
Every state shall be a session division or consist of various Sessions divisions and every Session division shall be a district or consist of districts, but every metropolitan area shall be a separate session division and district.
Metropolitan Area (Section 8)
According to Section 8 of the Criminal Procedure Code, the State Government may, as per the notification, declare that as from such date specified in the notification, any area of the State includes a city or town whose population is more than one million, shall be a metropolitan area for the purpose of the Code.
Section 8(2) provides that from the commencement of this Code presidency towns of Bombay, Calcutta and Madras and the City of Ahmedabad shall be deemed to be metropolitan area.
Section 8(3) of criminal procedure code defines that state government may extend, reduce or alter in limit of the metropolitan area but the reduction or alteration shall not made as to decrease the population of such area to less than one million.
According section 8(4) Where, after declaration of an area to be a metropolitan area population of such area falls below one million shall on and as the State Government may cease to be a metropolitan area by notification from such date, but notwithstanding such cesser, any inquiry, trial or appeal is already pending before any court or magistrate in such area shall continue to deal with under the Code, as if such cesser had not taken place.
As per section 8(5) Where the State Government may reduces or alters in limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending before any court or Magistrate and such inquiry, trail or appeal shall be continue to be dealt with under the Code as if such reduction or alteration had not taken place.
Court of Session (Section 9)
According Section 9 (1)of Criminal Procedure Code, The State Government shall set up a Court of Session for every session division.
As per Section 9(2), Every Sessions Court shall preside over a Judge appointed by the High Court.
As per Section 9(3), The High Court may also appoint additional session Judges and Assistant Sessions Judges to exercise jurisdiction in the Sessions Court.
As per Section 9(4), The high court may also appoint the session judge of one session division, can be also session judge of another division . He may sit to dispose of cases at such place or places in other division as per the direction of High Court
As per Section 9(5), Where the post of Session judge is vacant then High court may arrange to disposal for urgent application which is pending before such session court, or Additional Session and Assistant Session Judge by a CJM and every such Judge or Magistrate shall have jurisdiction to deal with any such application
Subordination of Assistant Sessions Judge (Section 10)
The Assistant Sessions Judges are subordinate to the Sessions Judges in whose court they exercise jurisdiction.
The Sessions Judge may make rules consistent with this Code , as to the distribution of business among such Assistant Sessions Judges from time to time
The Sessions Judge may also make provision for disposal of any urgent application by an Additional or Assistant Sessions Judge, in the event of his absence or inability to act.
or If there is no Additional or Assistant Sessions Judge by the Chief Judicial Magistrate. The Additional Sessions Judge has concurrent judicial powers, but no concurrent administrative powers.
Administrative powers are general supervision of the Court, transfer of cases, assignment and marking of cases. All these administrative functions are performed by the Session Judge.
Courts of Judicial Magistrates (Section 11)
Section 11(1) provides that in every district the State Government may, after consultation with the High Court, establish as many courts of Judicial Magistrates of the first class and of the second class as it may consider necessary; the proviso to Section 11(1) provides that the State Government may also, after consultation with the High Court, establish, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases for any local area
These courts will not be given any other work in Cr.P.C. According to Section 11(2) the presiding officers of such Courts (including the special Courts) are to be appointed by the High Courts. Thus it is clear that the State Government has no authority to appoint the Judicial Magistrates.
CJM(Chief Judicial Magistrate) and ACJM(Additional Chief Judicial Magistrate) (Section 12)
The High Court is also required to appoint a Judicial Magistrate of the first class to be called Chief Judicial Magistrate (CJM) of the district. The main function of CJM is to guide, supervise and control other Judicial Magistrates. He may also try important cases. The Judicial Magistrate of the first class may also be appointed as Additional Chief Judicial magistrate (ACJM) and such Magistrate shall have all or any of the powers CJM as directed by the High Court. CJM is subordinate to the Session Judge and every other Judicial Magistrate is subordinate to CJM but subject to the general control of the Sessions Judge.
Special Judicial Magistrates (Section 13)
This section makes provisions for Special Judicial Magistrates. According to sub-section (1), If the Central or State Government requests the High Court to do so, the High Court shall direct any person who holds or has held any post under the Government in a local area which is not a metropolitan area.
In respect of particular case or particular classes of case, high court may confer all or any of power or conferrable by under this code to Second class Judicial Magistrate
But cannot confer such type of power if has has not any experience in legal cases
According to sub-section (2) of Section 13, such Magistrates shall be called as Sepcial Judicial magistrate and appointed for such term, not exceeding one year at a time, as the High Courts may direct, and
As per Section 13 (3), the High Court may authorize a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.
If the Central or State Government requests the High Court to do so, the High Court shall direct any person who holds or has held any post under the Government in a local area which is not a metropolitan area.
In respect of particular case or particular classes of case, high court may confer all or any of power or conferrable by under this code to Second class Judicial Magistrate
Local Jurisdiction of Judicial Magistrates (Section 14)
This section makes provisions for the local jurisdiction of Judicial Magistrates, the Chief Judicial Magistrate may define the local limits of the areas within which the Magistrates appointed Subjected to the control of High Court under Sections 11 or under Section 13 may exercise their powers.
Subordination of Judicial Magistrates (Section 15)
This section makes provisions for the subordination of Judicial Magistrate. For this purpose, Section 15(1) states that every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall be subordinate to the Chief Judicial Magistrate subject to the general control of the Sessions Judge,
Courts of Metropolitan Magistrates (Section 16)
The state government may establish such of Metropolitan Magistrate at such places and in such numbers as it deems fit after the consultation of High court , The presiding officers of these courts are appointed by the High Courts and not by the State Government for metropolitan areas
CJM(Chief Metropolitan Magistrate) and Additional Chief Metropolitan Magistrate (Section 17)
In a metropolitan area, the High Court appoints a Metropolitan Magistrate as Chief Metropolitan Magistrate (CMM). It may also appoint Additional Chief Metropolitan Magistrate who shall generally have all the powers of CMM.
Special Metropolitan Magistrates (Section 18)
This section makes provisions for Special Metropolitan Magistrates. According to sub-section (1), If the Central or State Government requests the High Court to do so, the High Court shall direct any person who holds or has held any post under the Government in a local area which is not a metropolitan area.
In respect of particular case or particular classes of case, high court may confer all or any of power or conferrable by under this code on Metropolitan Magistrate
But cannot confer such type of power if has has no any experience in legal cases
Subordination of Metropolitan Magistrates (Section 19)
The CMM and the ACMM are subordinate to the Sessions Judge and every Metropolitan Magistrate is subordinate to the CMM subject to the general control of the Session Judge.
Executive Magistrates (Section 20)
The Executive Magistrates (EM) are appointed by the State Governments for every district and metropolitan area and one of them is appointed as District Magistrate (DM). The State Government may also appoint Additional District Magistrate (ADM) who shall have such powers as are given to the DM under this Code or any other law as may be directed by the State Government.
As per Cr.P.C. (Amendment) Act, 2005, following amendments have been made in Section 20(4) “The State Government may impose, delegate its powers under sub-section (4) to the District Magistrate.” as may deem fit by general or special order and subject to such control and directions
Some of the powers exercised by the Executive Magistrate under the Cr.P.C. are as follows:
- Under Section 107/151
- Under Section 107/150
- Under Section 107/111
Under Section 150, the police officer sends a notice to his senior after he receives information of a design to commit any cognizable offence and then it is the duty of the officer to act upon the same.
Under Section 107, the Executive Magistrate may require any person, who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act to show cause as to why he should not be ordered to execute bond for keeping the peace for such period not exceeding one year.
Under Section 111, when any Magistrate requires a person to show cause then he shall make an order in writing setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties required.
Special Executive Magistrates (Section 21)
This section makes provision for the appointment etc. of Special Executive Magistrates. The task of appointment is on the State Government and is at his discretion. It may confer on such Magistrates such powers as are conferrable under this Code on Executive Magistrates as it may deem fit.
Local Jurisdiction of Executive Magistrates (Section 22)
The object of this section is to make provision for the local jurisdiction of Executive Magistrates. It is the District Magistrate who subject to the control of State Government may define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers which they may investe under this Code.
Subordination of Executive Magistrate (Section 23)
The object of this section is to make provision regarding to the subordination of Executive Magistrates. Under this section all Executive Magistrates have been made subordinate to the District Magistrate except the Additional District Magistrate and every Executive Magistrate, the other than the Sub-Divisional Magistrate exercising power in a sub-division shall be subordinate to the Sub-Divisional Magistrate however, subject to the general control of the District Magistrate.
The District Magistrate has been empowered to make rules or to give special orders as to the distribution of business among the Executive Magistrates subordinates to him and as to the allocation of business to an ADM(Additional District Magistrate)
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