Law and You >Procedural Laws > BNSS > Concept Applications 2.2 Hierarchy of Criminal Courts (2 Marks)
2 Marks Questions on Hierarchy of Criminal Courts
Q1. What is the significance of Sections 6 to 17 of the BNSS?
These provisions establish the structure, hierarchy, jurisdiction and functioning of Criminal Courts, Magistrates and prosecuting offices under the BNSS.
Q2. How does the BNSS provide for the territorial and administrative organisation of criminal courts?
Under Sections 6 to, BNSS provides for sessions divisions, districts and sub-divisions and specifies the jurisdiction and administrative relationships of the courts and Magistrates functioning within them.
Q3. Why is the Constitution of Criminal Courts and Offices important for the administration of criminal justice?
It establishes a clear hierarchy and allocation of functions among Criminal Courts, Magistrates and prosecuting authorities, thereby facilitating the orderly and effective administration of criminal justice.
Q4. What are the classes of Criminal Courts constituted under Section 6 of the BNSS?
The classes of Criminal Courts are Courts of Session and Courts of Judicial Magistrates of the first and second classes. Executive Magistrates are also appointed under the BNSS.
Q5. What is a Court of Session under the BNSS?
A Court of Session is a criminal court established by the State Government for every sessions division under Section 8 of the BNSS.
Q6. How are Courts of Session established under Section 8 of the BNSS?
The State Government establishes a Court of Session for every sessions division, presided over by a Judge appointed by the High Court.
Q7. Who appoints the Judge of a Court of Session?
According to Section 8(2) of BNSS, the Judge of a Court of Session is appointed by the High Court.
Q8. What is the role of an Additional Sessions Judge?
According to Section 8(3) of BNSS, an Additional Sessions Judge assists in disposing of the business of the Court of Session and exercises the powers assigned by the High Court.
Q9. What is meant by the Sit of Sessions Court?
According to Section 8(6) of BNSS, the Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division with consent of prosecution and accused.
Q10. What are the classes of Judicial Magistrates under the BNSS?
The Judicial Magistrates consist of Magistrates of the first class and Magistrates of the second class, including the Chief Judicial Magistrate and other designated Magistrates.
Q11. Who establishes the Courts of Judicial Magistrates under Section 9 of the BNSS?
The State Government, in consultation with the High Court, establishes Courts of Judicial Magistrates at place the State Government notify.
Q12. Who presides over a Court of Judicial Magistrate?
Under Section 9(2) BNSS, a Judicial Magistrate appointed by the High Court presides over a Court of Judicial Magistrate.
Q13. What is the role of the Chief Judicial Magistrate?
The Chief Judicial Magistrate exercises administrative and supervisory control over the Judicial Magistrates in the district, subject to the control of the Sessions Judge.
Q14. Who appoints the Chief Judicial Magistrate?
According to Section 10(1) of BNSS, the High Court appoints a Judicial Magistrate of the first class to be the Chief Judicial Magistrate in every district.
Q15. To whom are Judicial Magistrates subordinate?
Judicial Magistrates are subordinate to the Chief Judicial Magistrate, subject to the general control of the Sessions Judge.
Q16. What are the powers of the Chief Judicial Magistrate regarding distribution of business among Magistrates?
The Chief Judicial Magistrate may distribute the business among the Judicial Magistrates subordinate to them in accordance with the directions of the High Court.
Q17. Who is a Special Judicial Magistrate under the BNSS?
Under Section 11 BNSS, a Special Judicial Magistrate is a person appointed by the High Court to exercise specified powers of a Judicial Magistrate for particular cases or classes of cases.
Q18. What qualifications are required for appointment as a Special Judicial Magistrate?
The person must hold or have held a post under the Government and possess the qualifications or legal experience prescribed by the High Court.
Q19. What is the time period for which Special Judicial Magistrate is appointed?
According to Section 11(2) of BNSS, Special Judicial Magistrates shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.
Q20. Who is Sub-Divisional Judicial Magistrate?
According to Section 10(3) of BNSS, the High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires..
Q21. What is meant by the “local jurisdiction” of a Magistrate?
Local jurisdiction means the geographical area within which a Magistrate may exercise the powers and functions conferred by law.
Q22. Who defines local jurisdiction of Magistarte?
According to Section 12(1) of BNSS, subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which they may respectively be invested.
Q23. What are the classes of Executive Magistrates under the BNSS?
Executive Magistrates include the District Magistrate, Additional District Magistrates, Sub-divisional Magistrates and other Executive Magistrates appointed by the State Government.
Q24. Who appoints Executive Magistrates under Section 14 BNSS?
According to Section 14(1) of BNSS, the State Government appoints Executive Magistrates in every district and appoints one of them as the District Magistrate.
Q25. Who is appointed as the District Magistrate?
According to Section 14(1) of BNSS, the State Government appoints one Executive Magistrate as the District Magistrate of the district.
Q26. What is the objective behind Court of Executive Magistrate?
The Bharatiya Nagarik Suraksha Sanhita, 2023, specifies the object of the Court of Executive Magistrate as:
- Security for keeping the peace and for good behaviour (Chapter IX);
- Maintenance of public order and tranquillity (Chapter XI); and
- Preventive action of the Police (Chapter XII).
Q27. What is the role of an Additional District Magistrate?
According to Section 14(2) of BNSS, an Additional District Magistrate may be appointed by the State Government and exercises such powers of the District Magistrate as are assigned to them by the Government.
Q28. Who is a Sub-divisional Magistrate?
According to Section 14(4) of BNSS, a Sub-divisional Magistrate is an Executive Magistrate placed in charge of a sub-division by the District Magistrate.
Q29. Who is a Special Executive Magistrate?
According to Section 15 of BNSS, the State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions.
Q30. What is the local jurisdiction of Executive Magistarte?
- According to Section 16(1) of BNSS, subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Sanhita.
Q31. What is the relationship between Executive Magistrates and the District Magistrate?
Executive Magistrates are subordinate to the District Magistrate, who exercises administrative control over them.
Q32. What is the purpose of Section 17 of the BNSS concerning subordination of Executive Magistrates?
Section 17 establishes the administrative subordination of Executive Magistrates to the District Magistrate and regulates their relationship within the executive magistracy.
Q33. Who can be appointed as a Public Prosecutor under Section 18 of the BNSS?
According to Section 18(1) of BNSS, for every High Court, the Central Government or State Government in consultation with High Court may appoint Public Prosecutors and Additional Public Prosecutors for conducting prosecutions.
Q34. How is a Public Prosecutor appointed for a district?
According to Section 18(3) of BNSS, the State Government appoints a Public Prosecutor for a district after considering the names recommended by the District Magistrate in consultation with the Sessions Judge.
Q35. What is the role of an Additional Public Prosecutor?
According to Section 18(1) of BNSS, an Additional Public Prosecutor assists in conducting prosecutions and performs such functions as may be assigned under the BNSS.
Q36. What is the difference between a Public Prosecutor and an Assistant Public Prosecutor?
A Public Prosecutor generally conducts prosecutions before the Sessions Courts and higher courts, while an Assistant Public Prosecutor primarily conducts prosecutions before Magistrates’ Courts.
Q37. What is a Special Public Prosecutor?
- Upon special request from the police or Public or sometimes the State Government or the Central Government on its own appoint Special Public Prosecutors. The Special Public Prosecutors are appointed under Section 18 (8) BNSS. They deal with the special cases registered under the Special Laws. At least 10 years practice is mandatory for the candidates willing to be Special Public Prosecutors.
Q38. What is the purpose of the Directorate of Prosecution under Section 20 of the BNSS?
The Directorate of Prosecution provides an institutional framework for supervising and coordinating the prosecution system and ensuring effective conduct of criminal prosecutions.
Q39. Who establishes the Directorate of Prosecution?
According to Section 20(1) of BNSS, the State Government establishes a Directorate of Prosecution in the State.
Q40. What is the role of the Director of Prosecution?
The Director of Prosecution heads the Directorate and exercises supervisory functions over the prosecution system as provided by the BNSS.
Q41. Who heads the Directorate of Prosecution, and under whose administrative control does it function?
According to Section 20(3) of BNSS, the Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function under the administrative control of the Home Department in the State.
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)