Law and You >Procedural Laws > BNSS > Concept Applications 2.5: Situational Problems on Subordination of Criminal Courts
Situational Problems on Subordination of Criminal Courts
Q1. A, a resident of Mumbai, is accused of committing an offence punishable with imprisonment for life. The Magistrate before whom the case is instituted finds that the offence is exclusively triable by the Court of Session. After following the required procedure, the Magistrate commits the case to the Sessions Court.
(a) Can the Magistrate continue to try the offence after finding that it is exclusively triable by the Court of Session?
No, he cannot continue with trial, he must commit the case to the Court of Session.
When a Magistrate receives a case involving an offence exclusively triable by the Court of Session, he follows the committal procedure prescribed under Section 232 BNSS. After complying with the provisions of section 230 BNSS or section 231 BNSS and ensuring compliance with the requirements relating to supply of documents and completing the necessary preliminary formalities, the Magistrate commits the case to the Court of Session and transmits the record and relevant documents to that Court. The Sessions Court thereafter conducts the trial in accordance with the procedure prescribed for Sessions cases.
(b) Who has administrative control over an Additional Sessions Judge in relation to cases made over to him?
Under Section 214 BNSS, an Additional Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try.
Q2. B is accused of an offence which is triable by a Magistrate of the First Class. The police file a charge-sheet before a Magistrate of the Second Class. The accused objects that the Magistrate does not have the required jurisdiction to conduct the trial.
Questions
(a) Can a Magistrate of the Second Class try every offence that a Magistrate of the First Class can try? Which factor determines whether a particular Magistrate has jurisdiction to try the offence?
No. The powers of Magistrates differ according to the powers conferred upon them by law. The jurisdiction depends upon the classification of the offence and the powers conferred on the particular Magistrate under the Schedule I of the BNSS and applicable law.
(b) What should happen if the offence is beyond the sentencing power or jurisdiction of that Magistrate?
The case may have to be transferred/committed to the competent court, depending upon the nature of the offence, the statutory procedure and the Schedule I of the BNSS.
Q3. C is accused of murder. The police submit a final report/charge-sheet before the Magistrate. The Magistrate takes cognizance and, after complying with the procedural requirements, commits the case to the Court of Session.
(a) Why is the case committed to the Court of Session?
When a Magistrate receives a case involving an offence exclusively triable by the Court of Session, he follows the committal procedure prescribed under Section 232 BNSS. After complying with the provisions of section 230 BNSS or section 231 BNSS and ensuring compliance with the requirements relating to supply of documents and completing the necessary preliminary formalities, the Magistrate commits the case to the Court of Session and transmits the record and relevant documents to that Court. The Sessions Court thereafter conducts the trial in accordance with the procedure prescribed for Sessions cases.
(b) Can the Court of Session ordinarily take cognizance as a court of original jurisdiction before the case is committed by the Magistrate?
No. Under Section 213 BNSS, the Court of Session ordinarily takes cognizance as a court of original jurisdiction after the case has been committed to it by a Magistrate, subject to statutory exceptions. Court of Sessions can only take cognizance of original jurisdiction of offences mentioned in Section 222 BNSS.
Q4. The Sessions Judge of a district has several criminal cases pending before the Sessions Court. Due to the heavy workload, the Sessions Judge makes over certain cases to an Additional Sessions Judge.
(a) Can an Additional Sessions Judge try cases made over to him by the Sessions Judge?
Under Section 214 BNSS, an Additional Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try.
(b) Is an Additional Sessions Judge a court subordinate to the High Court in the criminal court hierarchy?
Yes, Under Sections 6 and 8 BNSS, the Court of Session and Additional Sessions Judges form part of the subordinate criminal judiciary under the supervisory jurisdiction of the High Court.
Q5. D is involved in a dispute with his neighbour concerning possession of agricultural land. The dispute is likely to cause a breach of peace. D approaches an Executive Magistrate seeking preventive action.
(a) Is an Executive Magistrate the same as a Judicial Magistrate?
No. Judicial Magistrates and Executive Magistrates perform different functions under the BNSS. 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.
(b) What is the distinction between the functions of Judicial Magistrates and Executive Magistrates?
| Aspect | Executive Magistrates | Judicial Magistrates |
| Nature of Work | Administrative & Preventive | Judicial & Adjudicatory |
| Appointment | State Government | State Govt. + High Court |
| Primary Function | Public order | Criminal trials |
| Independence | Administrative | Judicial independence |
Q6. E is charged with an offence punishable with imprisonment up to three years. The offence is not exclusively triable by the Court of Session. E argues that every serious criminal case must be tried by the Sessions Court.
(a) Is E’s contention correct?
No. The offence will ordinarily be tried by the competent Magistrate, depending upon the classification of the offence and the Magistrate’s powers. The jurisdiction depends upon the classification of the offence and the powers conferred on the particular Magistrate under the Schedule I of the BNSS and applicable law.
(b) Which court ordinarily tries an offence that is triable by a Magistrate and is not exclusively triable by the Court of Session?
The jurisdiction depends upon the classification of the offence and the powers conferred on the particular Magistrate under the Schedule I of the BNSS and applicable law.
(c) Does the mere seriousness of an offence automatically confer jurisdiction on the Sessions Court?
No. Jurisdiction is determined by the law and the classification of the offence, not merely by the perceived seriousness of the allegation.
Q7. F is accused of an offence which, according to the applicable law, is triable exclusively by the Court of Session. The case is initially presented before a Judicial Magistrate.
(a) Is the Magistrate’s role completely excluded?
No, there is a procedure to be complied by the Magistrate before committing the case to the Court of Session.
When a Magistrate receives a case involving an offence exclusively triable by the Court of Session, he follows the committal procedure prescribed under Section 232 BNSS. After complying with the provisions of section 230 BNSS or section 231 BNSS and ensuring compliance with the requirements relating to supply of documents and completing the necessary preliminary formalities, the Magistrate commits the case to the Court of Session and transmits the record and relevant documents to that Court. The Sessions Court thereafter conducts the trial in accordance with the procedure prescribed for Sessions cases.
(b) Which court ultimately conducts the trial?
The Magistrate must commit the case to the Court of Session in accordance with the BNSS. The Court of Session ultimately conducts the trial. Related provisions of trial in Court of Session under Sections 248 to 260 BNSS