Law and You >Procedural Laws > BNSS > Courts by which Offences are Triable (Ss. 21 to 23)
The term criminal court is not defined in the Sanhita. The Court can be defined 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. In this article, we shall discuss about Courts by which offences are triable.
Section 6 of BNSS:
Classes of Criminal Courts:
Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:-
- Courts of Session;
- Judicial Magistrates of the first class;
- Judicial Magistrates of the second class; and
- 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
- Judicial Magistrates of Second Class.
- Executive Magistrates
Courts by which Offences are Triable:
- According to Section 21(a) of BNSS, subject to the other provisions of this Sanhita, any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by— (i) the High Court; or (ii) the Court of Session; or (iii) any other Court by which such offence is shown in the First Schedule to be triable.
- The Proviso attached to Section 21(a) of BNSS lays down that any offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as practicable by a Court presided over by a woman.
- According to Section 21(b) of BNSS, any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by— (i) the High Court; or (ii) any other Court by which such offence is shown in the First Schedule to be triable.
Every Criminal Lawyer Should Have It. Click on the Image to Buy
First Schedule of BNSS:
The first schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 lists out the offences under the Bharatiya Nyaya Sanhita, 2023 and other Acts. The schedule provides clarity to law enforcement officers regarding the offences for which they can make arrests without obtaining a warrant from a magistrate. This clarity helps in effective and efficient policing. The schedule also indicates the Court in which that offence can be tried.
Offence Triable by Courts:
High Court:
- Under Section 21 BNSS, any offence under the Indian Penal Code may be tried by the High Court, and under Section 22 BNSS, any offence under any other law which contains no special provision as to the trying courts, may be tried by the High Court.
- Section 214 of BNSS provides that the High Court may take cognizance of any offence upon a commitment made to it in the manner provided in Chapter XIX of the Sanhita. Detailed provisions are then made in Chapter XXV with regard to the procedure of High Courts in trying cases.
- Although these provisions apply to all High Courts in India, only those of Calcutta, Madras and Bombay exercised ordinary original criminal jurisdiction at any time and this jurisdiction was limited by the Letters Patent establishing these High Courts to the three Presidenc-towns. With the establishment of City Sessions Courts in Bombay in 1948 and in Madras in 1956, the High Courts at these two places altogether ceased to try criminal cases. In Calcutta, however, although a City Sessions Court was established in 1957 with jurisdiction over the Presidenc.-town of Calcutta, it was precluded from trying offences punishable under sections 131 to 134, 302, 307, 396, 468 and 477A of the Indian Penal Code.
- According to Section 22(1) of BNSS, a High Court may pass any sentence authorised by law.
Court of Session:
- Under Section 21 BNSS, any offence under the Indian Penal Code may be tried by the Court of Session.
- According to Section 213 of BNSS, except as otherwise expressly provided by this Sanhita or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under Section 232 of this Sanhita.
- All cases relating to offences punishable with imprisonment for life or with imprisonment for a term exceeding seven years should be committed to a Court of Sessions when the Magistrate cannot award adequate punishment.
- All cases punishable with death or in which a witness has accepted a tender of pardon under Section 343 of BNSS shall be committed to the Court of Sessions.
- Section 22(2) of BNSS 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.
Court of Judicial Magistrate:
- Under Section 21 BNSS, offence under the Indian Penal Code shown in the First Schedule to be triable may be tried by the Court of Judicial Magistrate.
- Notwithstanding anything contained in section 22 of BNSS, a Chief Judicial Magistrate may try all offences not punishable with death or with imprisonment for life or with imprisonment exceeding seven years.
- Notwithstanding anything contained in section 22 of BNSS, a Judicial Magistrate of First Class may try all offences not punishable imprisonment for a term exceeding three years, or of fine exceeding fifty thousand rupees, or of both, or of community service.
- Notwithstanding anything contained in section 22 of BNSS, a Judicial Magistrate of Second Class may try all offences not punishable imprisonment for a term exceeding one year, or of fine exceeding ten thousand rupees, or of both and can try offences punishable with community service.
- According to Section 23(1) of BNSS, the Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
- According to Section 23(2) of BNSS, the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.
- According to Section 23(3) of BNSS, the Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service.
- A Community service” shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.
Deciding Jurisdiction:
The Mumbai Terror Attacks
The 2008 Mumbai terror attacks were one of the deadliest acts of terrorism in India’s history. Multiple coordinated attacks by terrorists resulted in the loss of over 160 lives and widespread panic. Among the charges brought against the accused were murder, conspiracy to commit murder, and acts of terrorism. Under Section 26 of CrPC (S. 21 BNSS), due to the gravity of the offenses, the case was tried by the High Court of Bombay. The accused were ultimately sentenced to death by the court.
The Satyam Scandal
The Satyam scandal, one of the largest corporate frauds in India, involved financial irregularities and accounting fraud at Satyam Computer Services, a prominent IT company. The accused faced charges of cheating, forgery, and fraud. The case was heard by the Special Court for Economic Offenses, a category of court designated to handle financial and economic crimes. This court had the authority to try cases involving white-collar crimes.
A Simple Theft Case:
In a smaller town, a case of theft occurred where a valuable item was stolen from a local shop. The accused was caught and arrested. In this case, the jurisdiction fell under the Magistrate of the First Class. Since it was a relatively minor offense, it was appropriate for the case to be heard at this level.
A Brawl in a City
In a bustling metropolitan city, a physical altercation occurred between two individuals in a public place. Both parties involved in the brawl were arrested. Judicial Magistrates had jurisdiction over this case. These courts are equipped to handle cases of this nature.
Conclusion:
Generally for the criminal jurisdiction, the High Court is a Court of Appeal. The Court of Sessions is said to be the highest court of criminal jurisdiction in a district. It is also known as the court of first instance to try serious criminal offences. Serious criminal offences mean offences whose punishment is imprisonment exceeding seven years including life imprisonment. Court of a Chief Judicial Magistrate try criminal offences in which the punishment is not of death or not of imprisonment for life or not of imprisonment for a term exceeding seven years. Court of a Magistrate of the First Class try offences in which punishment is not exceeding three years, or fine not exceeding fifty thousand rupees. He cannot try criminal offences in which community service as punishment is prescribed. The Court of Magistrate of the Second Class try offences in which imprisonment not exceeding one year, or not a fine exceeding ten thousand rupees. He can try offences in which community service as punishment is prescribed.