Law and You >Procedural Laws > BNSS > Concept Applications 2.3: Short Notes on Kinds of Criminal Courts (5/6 Marks)
Short Notes on:
- Classes of Criminal Courts
- Court of Sessions
- Court of Judicial Magistrates
- Powers and Jurisdiction of Criminal Courts
- Executive Magistrates
- Public Prosecutors
- Directorate of Prosecution
- Related Topics
a) Kinds of Criminal Courts:
There are three types of courts: Civil Court, Criminal Court and Revenue Court. The scope of this question is only of criminal courts under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Court of Judicial Magistrate:
At the lowest level are the Magistrate Courts, which generally deal with less serious offences and conduct trials within the limits of their powers. They are further classified as the Court of the First Class Magistrate and the Court of the Second Class Magistrate.
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. 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. 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.
Court of Sessions:
Above the Magistrate Courts are the Sessions Court, which handle serious criminal offences such as murder, rape, and other grave crimes and have wider powers of punishment. A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
High Court:
At the state level, the High Courts supervise the functioning of subordinate criminal courts, hear appeals and revisions, and ensure that justice is administered according to law. The High Courts also have the power to examine the legality and correctness of decisions given by lower courts. High Court may pass any sentence authorised by law.
Supreme Court:
At the highest level is the Supreme Court of India, which is the final appellate authority in criminal matters. It hears appeals against judgments of High Courts in certain cases, interprets criminal laws, and ensures uniform application of law throughout the country.
This structured hierarchy of criminal courts helps in the proper distribution of judicial powers, prevents overburdening of courts, provides opportunities for appeal against incorrect decisions, and ensures fair, effective, and speedy administration of criminal justice.
b) Court of Sessions:
The Court of Session is one of the most important criminal courts established under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It deals with serious criminal offences. The provisions relating to the Court of Session are primarily contained in Sections 6, 7, 8, 21 and 22 of the BNSS. These sections lay down the constitution, jurisdiction, powers, and functioning of the Sessions Court.
Under the BNSS, every State is divided into sessions divisions, and for each sessions division, the State Government establishes a Court of Session in consultation with the High Court. The High Court appoints a Sessions Judge to preside over the Court of Session. To facilitate the efficient disposal of cases, the High Court may also appoint Additional Sessions Judges. These judges exercise jurisdiction within the sessions division as assigned by the High Court.
The Court of Session primarily tries offences of a serious nature, such as murder, rape, dacoity, terrorism-related offences, and other crimes punishable with severe sentences. However, as a general rule, a Court of Session cannot take cognizance of an offence directly unless the case has been committed to it by a Magistrate, except where a special law expressly provides otherwise. This procedure ensures that cases undergo preliminary scrutiny before being placed before the Sessions Court for trial.
The Court of Session possesses extensive sentencing powers. A Sessions Judge or an Additional Sessions Judge may impose any sentence authorized by law. However, where the sentence of death is awarded, it must be confirmed by the High Court before it can be executed.
Apart from conducting trials, the Court of Session also hears appeals and revisions from the judgments and orders of Magistrates, wherever permitted under the BNSS or other applicable laws. It also exercises powers relating to bail, transfer of cases, and other procedural matters within its jurisdiction. These powers ensure judicial oversight and contribute to the fair and efficient administration of criminal justice.
As the principal trial court for grave offences, the Court of Session continues to serve as a cornerstone of India’s criminal justice system, balancing the need for effective prosecution with the protection of the rights of accused persons and victims.
c) Court of Judicial Magistrates:
Judicial Magistrates perform a crucial role in the investigation, inquiry, and trial of criminal cases, particularly those involving offences of a less serious nature. The provisions relating to Judicial Magistrates are primarily contained in Sections 6, 9, 10, 11, 12, 13, 21 and 23 of the BNSS.
Under the BNSS, the State Government, in consultation with the High Court, establishes as many Courts of Judicial Magistrates of the First Class and Courts of Judicial Magistrates of the Second Class in every district. The High Court appoints the Judicial Magistrates and exercises administrative as well as judicial control over them, thereby safeguarding the independence of the judiciary. Judicial Magistrates function under the general supervision of the Chief Judicial Magistrate (CJM), who is the head of the magistracy in a district.
Judicial Magistrates are entrusted with a wide range of responsibilities during the criminal process. They receive complaints, take cognizance of offences, issue summons and warrants, authorize arrests and detention in accordance with law, record confessions and statements where permitted, conduct inquiries, and try criminal cases falling within their jurisdiction. They also consider applications for bail, remand accused persons to judicial or police custody where legally justified, and ensure that investigations are conducted in accordance with the safeguards provided under the 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. 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. 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. Cases involving offences beyond the sentencing powers of a Magistrate are committed to the Court of Session for trial.
The role of Courts of Judicial Magistrate is indispensable in maintaining law and order, safeguarding individual rights, and ensuring that criminal cases are adjudicated fairly, efficiently, and in accordance with the rule of law.
d) Powers and Jurisdiction of Criminal Courts:
At the lowest level are the Magistrate Courts, which generally deal with less serious offences and conduct trials within the limits of their powers. They are further classified as the Court of the First Class Magistrate and the Court of the Second Class Magistrate.
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. 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. 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. Cases involving offences beyond the sentencing powers of a Magistrate are committed to the Court of Session for trial.
Above the Magistrate Courts are the Sessions Court, which handle serious criminal offences such as murder, rape, and other grave crimes and have wider powers of punishment. A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
Apart from conducting trials, the Court of Session also hears appeals and revisions from the judgments and orders of Magistrates, wherever permitted under the BNSS or other applicable laws. It also exercises powers relating to bail, transfer of cases, and other procedural matters within its jurisdiction.
At the state level, the High Courts supervise the functioning of subordinate criminal courts, hear appeals and revisions, and ensure that justice is administered according to law. High Court may pass any sentence authorised by law.
At the highest level is the Supreme Court of India, which is the final appellate authority in criminal matters. It hears appeals against judgments of High Courts in certain cases, interprets criminal laws, and ensures uniform application of law throughout the country.
This structured hierarchy of criminal courts helps in the proper distribution of judicial powers, prevents overburdening of courts, provides opportunities for appeal against incorrect decisions, and ensures fair, effective, and speedy administration of criminal justice.
e) Executive Magistrates:
One of the important authorities recognised under the BNSS is the Executive Magistrate, who plays a significant role in maintaining public order, preventing crime, and ensuring peace and tranquillity within the jurisdiction. Unlike Judicial Magistrates, Executive Magistrates perform administrative and preventive functions rather than conducting criminal trials.
Under the BNSS, the State Government appoints Executive Magistrates in every district and metropolitan area. Among them, one officer is designated as the District Magistrate (DM), while others may serve as Additional District Magistrates or Sub-Divisional Magistrates (SDMs). These officers are responsible for implementing preventive measures and exercising powers conferred by the BNSS and other laws.
The primary duty of an Executive Magistrate is to prevent breaches of peace and maintain law and order. They are empowered to issue preventive orders in situations where there is an apprehension of danger to public safety, public tranquillity, or human life. They may also take action against unlawful assemblies, public nuisances, and disputes likely to disturb public peace. In urgent situations, Executive Magistrates can issue temporary directions restricting certain activities to prevent violence or disorder.
Executive Magistrates also exercise powers relating to inquests in specific cases, such as suspicious, unnatural, or custodial deaths, as provided under the BNSS. They supervise inquiries in accordance with legal procedures and ensure that investigations are conducted fairly and transparently. Additionally, they play an important role during elections, disaster management, public health emergencies, and the enforcement of government regulations.
The BNSS continues the distinction between the executive and judicial branches of the magistracy, thereby promoting impartial administration of justice. While Judicial Magistrates determine criminal liability and impose sentences, Executive Magistrates focus on preventive administration and executive oversight. This separation helps maintain the independence of the judiciary while enabling the executive to respond effectively to situations affecting public order.
f) Public Prosecutors:
The provisions relating to Public Prosecutors are contained in Section 18 of the BNSS. A Public Prosecutor is a legal officer appointed by the Central Government or the State Government to conduct criminal prosecutions on behalf of the State. Unlike a private advocate who represents the interests of an individual client, the Public Prosecutor represents the interests of society and is expected to act fairly, impartially, and in the pursuit of justice.
Under the BNSS, the Central Government may appoint one or more Public Prosecutors for conducting prosecutions, appeals, or other proceedings before the High Court or other courts on its behalf. Similarly, every State Government is required to appoint a Public Prosecutor and may appoint one or more Additional Public Prosecutors for every district. The State Government may also appoint Public Prosecutors for two or more districts jointly, depending upon administrative requirements. For conducting cases before the Court of Session, the appointment is generally made from a panel of advocates prepared by the District Magistrate in consultation with the Sessions Judge, thereby ensuring transparency and judicial participation in the selection process.
To be eligible for appointment as a Public Prosecutor or Additional Public Prosecutor, a person must have been in practice as an advocate for not less than seven years. The BNSS also provides for the appointment of Special Public Prosecutors for the prosecution of specific classes of cases or particular cases requiring specialized knowledge or experience. A Special Public Prosecutor must ordinarily have at least ten years’ practice as an advocate and is appointed when the nature or importance of the case so demands.
The primary duty of a Public Prosecutor is not merely to secure the conviction of the accused but to ensure that justice is done. During the trial, the Public Prosecutor presents evidence, examines and cross-examines witnesses, addresses legal arguments before the court, and assists the court in arriving at a just decision. The prosecutor is expected to disclose relevant evidence fairly, avoid suppressing material facts, and maintain complete objectivity throughout the proceedings. This impartial role distinguishes a Public Prosecutor from private counsel engaged solely to advance a client’s interests. Apart from conducting trials, Public Prosecutors play an important role in bail proceedings, appeals, revisions, plea bargaining where applicable, and applications relating to withdrawal from prosecution, subject to the permission of the court.
Public Prosecutor contributes significantly to maintaining public confidence in the criminal justice system and upholding the rule of law.
g) Directorate of Prosecution:
One of its significant institutional features of the BNSS is the Directorate of Prosecution, established under Section 20 of the BNSS. The Directorate is intended to improve the efficiency, professionalism, and accountability of the prosecution system by ensuring better coordination between investigating agencies and public prosecutors.
The State Government may establish a Directorate of Prosecution at the State level, headed by a Director of Prosecution, along with such Deputy Directors as considered necessary. In addition, a District Directorate of Prosecution may be established in every district, consisting of Deputy Directors and Assistant Directors of Prosecution. This two-tier structure aims to ensure effective supervision and management of prosecution work throughout the State.
The BNSS also prescribes qualifications for appointments to these offices. A person is eligible to be appointed as the Director of Prosecution or Deputy Director of Prosecution if he or she has practised as an advocate for at least fifteen years or is or has been a Sessions Judge. An Assistant Director of Prosecution must have at least seven years’ practice as an advocate or have served as a Judicial Magistrate of the First Class. These qualifications ensure that experienced legal professionals oversee criminal prosecutions.
The Directorate functions under the administrative control of the State Home Department. The Director of Prosecution heads the organisation, while Deputy Directors and Assistant Directors work under a clearly defined chain of command. The State Government may also specify, through notification, their powers, functions, and territorial jurisdictions. The Directorate supervises prosecutors, reviews criminal cases, advises investigating agencies, monitors the progress of important trials, and assists the Government in deciding whether appeals should be filed against court judgments.
The establishment of the Directorate of Prosecution reflects the BNSS’s objective of ensuring fair, effective, and speedy criminal justice. A well-organised prosecution system strengthens the presentation of evidence, reduces delays, and enhances coordination between the police and prosecutors while preserving prosecutorial independence.
Related Topics:
- Constitution of Criminal Courts, Brief Idea (Ss. 6 to 9 and 14)
- Court of Sessions (Ss. 6 to 8, 21 and 22)
- Court of Judicial Magistrate (Ss. 6, 9 to 13, 21 and 23)
- Executive Magistrate (Ss. 14 to 17)
- Public Prosecutor (Ss. 18 to 20)