The Legal Quotient

In Legal Matters, Legal Quotient Matters

Criminal Courts under Bharatiya Nagarik Suraksha Sanhita (S. 6 to 9 and 14 of BNSS)

On

By

Adv Hemant More

In

Law and You >Procedural Laws > BNSS > Criminal Courts under Bharatiya Nagarik Suraksha Sanhita (Ss. 6 to 9 and 14 of BNSS)

List of Sub-Topics:

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)

The word court is attributed and has acquired the meaning of either a place where justice is administered and a person or persons who administer justice. In order to be a court the person or persons who may be said to constitute it must be entrusted with judicial functions. Judicial function means the function of deciding litigated questions according to law-deciding them not arbitrarily but on evidence and according to certain rules of procedure which ensure that the person, who is called upon to decide them, acts with fairness and impartiality.

Comparative Tables of Provisions BNSS and CRPC:

BNSS, 2023CrPC, 1973
SectionHeadingProvisionSectionHeading
6Classes of Criminal Courts 6Classes of Criminal Courts
7Territorial Divisions 7Territorial Divisions
8Court of Session 9Court of Session
9Courts of Judicial Magistrates 11Courts of Judicial Magistrates
10Chief Judicial Magistrate and Additional Judicial Magistrate, etc. 12Chief Judicial Magistrate and Additional Judicial Magistrate, etc.
11Special Judicial Magistrates 13Special Judicial Magistrates
12Local Jurisdiction of Judicial Magistrates 14Local Jurisdiction of Judicial Magistrates
13Subordination of Judicial Magistrates 15Subordination of Judicial Magistrates
14Executive Magistrates 20Executive Magistrates
15Special Executive Magistrates 21Special Executive Magistrates
16Local Jurisdiction of Executive Magistrates 22Local Jurisdiction of Executive Magistrates
17Subordination of Executive Magistrates 23Subordination of Executive Magistrates
21Courts by which offences are triable 26Courts by which offences are triable
22Sentences which High Courts and Session Judges may pass 28Sentences which High Courts and Session Judges may pass
23Sentences which Magistrates may pass 29Sentences which Magistrates may pass

Comments:

  • Provision for Courts of Metropolitan Magistrates in CrPC is not included in BNSS. Hence there are no corresponding provisions of Sections 8, 10, 16, 17, 18, 19 of CrPC in BNSS.
  • There is no provision for Assistant Session Judge in BNSS. Hence there are no corresponding provisions of Section 10 of CrPC about subordination of Assistant Session Judges in BNSS.

Kinds of Courts:

There are three types of courts: Civil Court, Criminal Court and Revenue Court. In this article we will discuss criminal court. 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).

Every Criminal Lawyer Should Have It. Click on the Image to Buy

Civil Courts:

  • All these courts hear and settle civil disputes.
  • The Court of the District Judge is the highest civil court in a district to deal with civil cases. Very often the same court is called the Court of District and Sessions Judge, when it deals with both civil and criminal cases at the district level.
  • The judge of this court is appointed by the Governor of the State. Below the Court of District Judge, there may be one or more courts of sub judges in the district.
  • Separate family courts, which are equal to courts of sub judge, have been established in districts to exclusively hear cases of family disputes, like divorce, custody of children, etc.
  • Below them there are courts of munsifs and small causes courts which decide cases involving petty amounts. No appeal can be made against the decisions of the small causes courts.
  • The Court of the District Judge (called the District Courts) hears not only appeals against the decisions of the courts of sub judges, but also some of the cases begin directly in the Court of District Judge itself.
  • Appeals against the decisions of Civil Court may be heard by the High Court of the State. Civil Courts deal with cases pertaining to disputes between two or more persons regarding property, divorce, contract, and breach of agreement or landlord – tenant disputes

Revenue Courts:

  • Revenue courts deal with cases of land revenue in the State.
  • The highest revenue court in the district is the Board of Revenue.
  • Under it are the Courts of Commissioners, Collectors, Tehsildars and Assistant Tehsildars.
  • The Board of Revenue hears the final appeals against all the lower revenue courts under it.

Criminal Courts:

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.

Constitutional Provisions Regarding Subordinate Courts

Part VI of the Indian Constitution has provisions to regulate the organisation of subordinate courts and to ensure their independence from the executive. 

ArticleSubject Matter
Article 233Appointment of district judges
Article 233AValidation of appointments of, and judgements, etc., delivered by certain district judges
Article 234Recruitment of persons other than district judges to the judicial service
Article 235Control over subordinate courts
Article 236Interpretation
Article 237Application of the provisions of this chapter to a certain class or classes of Magistrates

High Court:

According to Section 2(l) of the Bharatiya Nagarik Suraksha Sanhita, 2023,

“High Court” means,—

(i) in relation to any State, the High Court for that State;

(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court;

(iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India.

Classes of Criminal Courts (S. 6 BNSS):

Section 6 BNSS:

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:-

(i) Courts of Session;

(ii) Judicial Magistrates of the first class;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

Thus, 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
Criminal Courts

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.

Supreme Court:

The Supreme Court of India has the 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.

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.

Territorial Division:

  • According to Section 7(1) of BNSS, every State shall be a sessions division or shall consist of sessions divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of districts.
  • According to Section 7(2) of BNSS, the State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.
  • According to Section 7(3) of BNSS, the State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.
  • According to Section 7(4) of BNSS, the sessions divisions, districts and sub-divisions existing in a State at the commencement of this Sanhita, shall be deemed to have been formed under this section.

Court of Session:

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. The Court of Sessions, as established under the Bharatiya Nagarik Suraksha Sanhita, 2023 (CrPC, 1973), stands as a cornerstone in the criminal justice system of India. Section 6 of BNSS, provides for Subordinate Courts, apart from the High Court in every state. The provisions related to the Court of Session are contained under section 8 of BNSS.

  • Every state must establish a Court of Session for every Sessions Division. Every Court of Session shall be presided over by a Judge, to be appointed by the High Court. The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session.
  • 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, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.
  • The Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the distribution of business among such Additional Sessions Judges. The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional Sessions Judge or if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.
  • 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.
  • The procedure of trial before Court of Session is discussed in Chapter XIX Sections 248 to 260.

For Detail Study of Court of Session Click Here

Courts of Judicial Magistrates of First and Second Class:

The provisions related to the Court of Judicial Magistrate of First Class and Second Class are contained under section 9 of BNSS.

  • In every district there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify. The presiding officers of such Courts shall be appointed by the High Court.
  • The High Court shall appoint a Judicial Magistrate of the first class in every district, to be the Chief Judicial Magistrate. The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time being in force as the High Court may direct.
  • 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.
  • The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area.
  • Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
  • 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.
  • “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.

For Detail Study of Court of Judicial Magistrate Click Here

Executive Magistrates:

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.

Section 14 of BNSS deals with appointment of Executive Magistrate. The State Government has the power to appoint as many persons as it thinks fit to be Executive Magistrates and to appoint one of them as District Magistrate. It may also appoint anyone of them as Additional District Magistrate who shall have such of the powers of a District Magistrate under this Code or any other law for the time being in force as may be directed by the State Government. It could also place an Executive Magistrate in charge of Sub-Division and relieve him of such a charge. When a Magistrate is placed in charge of a Sub-Division, he shall be called the Sub-Divisional Magistrate. The State Government has also the power to confer on the Commissioner of Police all or any of the powers of an Executive Magistrate.

All the Executive Magistrates in the District, except the Additional District Magistrate will be subordinate to the District Magistrate. While exercising the powers in a Sub-Division they will also be subordinate to Sub-Divisional Magistrate, subject however, to the general control of the District Magistrate.

The executive magistrates have the power to determine the amount of bail according to the provisions of the warrant issued against the accused, pass orders restraining people from committing a particular act or preventing persons from entering an area, they are the authority to whom people are taken to when they are arrested outside the local jurisdiction, the executive magistrates are the only one with the power to disperse a crowd or an unlawful assembly, further, they are authorized to use force while doing the same according to the gravity and requirements of the situation. Executive Magistrates are assisted by the police while executing their functions.

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.

For Detail Study of Executive Magistrates Click Here

Conclusion:

Criminal Courts are established to impart justice to people and punish the offenders that go against the law. The hierarchy is established according to the rule book of the Sanhita of Criminal Procedure, 1973. The Supreme Court is the highest criminal court in India. There is a High Court in each State. Two States have the same High Court. Section 6 of the Sanhita of Criminal Procedure, 1973 provides for constitution of Criminal courts. The Sessions Court headed by the Sessions Judge is the highest Criminal Court in the district. As the District Judge also functions as the Sessions Judge, he is known as the District and Sessions Judge. It may pass any sentence authorized by provisions of law, but a death sentence, passed by it, has to be confirmed by the High Court. A First Class Magistrate can pass a sentence of imprisonment not exceeding three years or a fine not exceeding ten thousand rupees and A Second Class Magistrate can pass a sentence of imprisonment up to one year or a fine not exceeding five thousand rupees.

Related Topics:

For More Articles on BNSS Click Here

For More Articles on Different Acts, Click Here

Categories

Archives