Law and You >Procedural Laws > BNSS > Concept Applications 2.4: Essay Type Answers on Classes of Criminal Courts (12/13/16 Marks)
Q1. Classify the various criminal courts and state the powers of each of the courts under the BNSS.
Synopsis:
- Introduction
- Classification of Criminal Courts
- Courts of Judicial Magistrate
- Session Court
- High Court
- Supreme Court
- Executive Magistrates
- Conclusion
Introduction:
Administration of justice is the most important function of the state. For this purpose our constitution has set up a hierarchy of courts. A court is a place where legal trials take place. It is an institution where several disputes are settled via the legal process. In this article, we shall discuss the hierarchy of Criminal Courts in India (S. 6 BNSS)
There are three types of courts: Civil Court, Criminal Court and Revenue Court. The scope of question is criminal courts. The Supreme Court is the apex body, followed by state High Courts which have been created by the constitution of India, and their jurisdiction and powers are well defined in the constitution itself. Apart from the Supreme Court and High Courts, the criminal courts have been described in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Classification of Criminal Courts:
Court of Judicial Magistrate:
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.
Sessions Court:
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.
High Court:
High Courts are established for each state by the Constitution of India. Article 227 of the Indian Constitution provides that except for the court formed for the armed forces, every High Court must have supervision over all courts and tribunals throughout the territories over which it exercises jurisdiction. The Bharatiya Nagarik Suraksha Sanhita, 2023 imposes a duty on the High Court under section 529 to exercise continuous control over the courts of Judicial Magistrates subordinate to it. The Sanhita has also granted several powers and duties to the High Court, including those related to appeals and amendments. The High Court has the power to pass any sentence authorised by law
Supreme Court:
The Supreme Court of India has the appellate jurisdiction to deal with criminal cases. The jurisdiction and powers of this court are very well mentioned in the Indian Constitution. Section 420 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides provisions related to appeal against conviction by the High Court in certain cases in the Supreme Court. Section 446 of Bharatiya Nagarik Suraksha Sanhita, 2023 also grants the Supreme Court the power to transfer cases and appeals from one High Court to the other High Court.
Executive Magistrate:
Under the BNSS, the State Government appoints Executive Magistrates in every district and metropolitan area (Ss. 14 to 17). Among them, one officer is designated as the District Magistrate (DM), while others may serve as Additional District Magistrates or Sub-Divisional Magistrates (SDMs).
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.
In R. Subramaniam v. Commissioner, AIR 1964 Mad 185 case, the Madras High Court said that it is necessary that a Criminal Court must function as Criminal Court, merely one of the Courts mentioned in Section 6 CrPC (S. 6 BNSS) is not enough.
In Dara Singh v. Tej Kaur, 2000 CrLJ 3145 case, the Court observed that a Court of Special Judge is not a court falling within Section 6, and, therefore cannot be described as a Court of Session.
In A R Antulay v. R S Naik, AIR 1984 SC 718 case, the Supreme Court observed that a Court of Special Judge is a court of original criminal jurisdiction has all powers except those specially excluded.
In Mammoo v. State, AIR 1980 Ker 18 case, the Court observed that the functions exercisable by the Executive Magistrate under the Code (Sanhita) are not necessarily executive. They are invested with judicial functions also.
Conclusion:
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.
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)