Law and You >Procedural Laws > CrPC > Court of Judicial Magistrate (Ss. 11 to 15)
The provisions related to subordinate courts are provided in the 6th part of the Indian Constitution. Articles 233-237 deal with the subordinate courts. District courts are under administrative and judicial control of the High Court of the State to which the district concerned belongs. They form the third level from the top in the hierarchy of Indian Courts. They are courts of the State governments in India for every district or for one or more districts together taking into account the number of cases, population distribution in the district. They administer justice in India at a district level. The district court is also a court of Sessions when it exercises its jurisdiction on criminal matters under the Code of Criminal procedure, 1973. A Civil Court deals with disputes related to civil law, whereas a Sessions Court usually deals with criminal cases. In this article, we shall discuss Court of Judicial Magistrate.
The term criminal court is not defined in the court but the code of criminal procedure, Act 25 of 1861 defined it 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.
Classes of Criminal Courts in India:
Section 6 CrPC:
Classes of Criminal Courts:
Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:
(i) Courts of Session;
(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.
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 (called Metropolitan Magistrates in metropolitan areas).
- Judicial Magistrates of Second Class.
- Executive Magistrates
Courts of Judicial Magistrates:
The provisions regarding the Courts of Judicial Magistrates are described under sections 11 and 12 of the Criminal Procedure Code.
Section 11:
Courts of Judicial Magistrates:
(1) In every district (not being a metropolitan area) 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:
Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.
Section 11(1) of CrPC provides that the Court of Judicial Magistrates of the First Class and the Second Class must be established in such number and at such places, as the High Court may by notification, specify. The state government must consult with the High Court. According to Section 11(2) of CrPC, the presiding officers of these courts are appointed by the High Court. However, these courts are not to be established in a metropolitan area.
Section 11(3) of CrPC also grants the power to the High Court when necessary to direct the powers of a Judicial Magistrate of the First Class or the Second Class on any member of the Judicial Service of the state who is functioning as a judge in a Civil Court.
Section 12:
Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc:
(1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
(2) 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 Code or under any other law for the time being in force as the High Court may direct.
(3) (a) 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.
(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.
Further, section 12(1) of CrPC provides that the Judicial Magistrate of the First Class must be appointed as a Chief Judicial Magistrate in every district by the High Court.
- In every district the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
- The Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate
- The power of the chief Judicial Magistrate and Additional Chief Judicial Magistrate are 7year Imprisonment and or fine authorized by law
First Class Judicial Magistrate:
The High Court may appoint one or more Judicial Magistrate of the first class. According to Section 29(2) of CrPC, the Judicial Magistrate of the First Class can punish an accused with imprisonment up to 3 years or/and a fine up to Rs 10000 or both.
Second Class Judicial Magistrate:
as per section 29(3) of CrPC, the Judicial Magistrate of the Second Class can pass the sentence of imprisonment of up to 1 year or/and fine up to Rs 5000 or both.
Section 13:
Special Judicial Magistrates:
(1) 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 Code 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, not being a metropolitan area:
Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.
(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.
Special Judicial Magistrate: The High Court may appoint a special Judicial Magistrate on the request of the Central or state Government. Such Magistrate shall be appointed for such term, not exceeding one year at a time as the High Court may, by general or special order direct.
Section 14:
Local jurisdiction of Judicial Magistrates:
(1) 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 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this Code:
Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
(3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area.
Section 15:
Subordination of Judicial Magistrates:
(1) 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.
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him.