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CRPC

The document discusses the hierarchy of criminal courts in India as established by the Constitution and Criminal Procedure Code. It outlines the different types of criminal courts including Sessions Court, Additional/Assistant Sessions Judges, Judicial Magistrates, Chief Judicial Magistrate, Metropolitan Magistrate, and Executive Magistrate. It provides details on their establishment and roles.

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38 views2 pages

CRPC

The document discusses the hierarchy of criminal courts in India as established by the Constitution and Criminal Procedure Code. It outlines the different types of criminal courts including Sessions Court, Additional/Assistant Sessions Judges, Judicial Magistrates, Chief Judicial Magistrate, Metropolitan Magistrate, and Executive Magistrate. It provides details on their establishment and roles.

Uploaded by

KRUSHA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Administration of justice is the most important function of the State.

For this
purpose our Constitution has set up a hierarchy of courts. The Supreme Court of
India is the highest court and is a body constituted by the Constitution itself. The
High Courts of respective states are also provided by the Constitution. The other
criminal courts there power and functions are provided by the Cr. P. C.
Constitution Of Criminal Courts And Their Territorial Jurisdiction:
The criminal courts are constituted according to the Criminal Procedure Code
(Cr.P.C) 1973.

Section 6 of the Cr.P.C. provides that 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

1. The Sessions Judge:


Section 9 of the CrPc talks about the establishment of the Sessions Court.
The State Government establishes the Sessions Court which has to be
presided by a Judge appointed by the High Court. The High Court appoints
Additional as well as Assistant Sessions Judges. The Court of Sessions
ordinarily sits at such place or places as ordered by the High Court. But in
any particular case, if the Court of Session is of the opinion that it will have
to cater to the convenience of the parties and witnesses, it shall preside its
sittings at any other place, after the consent of the prosecution and the
accused. According to section 10 of the CrPC, the assistant sessions judges
are answerable to the sessions judge.

2. The Additional/ Assistant Sessions Judge:


These are appointed by the High Court of a particular state. They are
responsible for cases relating to murders, theft, dacoity, pick-pocketing and
other such cases in case of absence of the Sessions Judge.
3. The Judicial Magistrate:
In every district, which is not a metropolitan area, there shall be as many
as Judicial Magistrates of first class and of second class. The presiding
officers shall be appointed by the High Courts. Every Judicial Magistrate
shall be subordinate to the Sessions Judge.

4. Chief Judicial Magistrate:


Except for the Metropolitan area, the Judicial Magistrate of the first class
shall be appointed as the Chief Judicial Magistrate. Only the Judicial
Magistrate of First Class may be designated as Additional Chief Judicial
Magistrate.

5. Metropolitan Magistrate:
They are established in Metropolitan areas. The High Courts have the
power to appoint the presiding officers. The Metropolitan Magistrate shall
be appointed as the Chief Metropolitan Magistrate. The Metropolitan
Magistrate shall work under the instructions of the Sessions Judge.

6. Executive Magistrate:
According to section 20 in every district and in every metropolitan area, an
Executive Magistrate shall be appointed by the State Government and one
of them becomes District Magistrate.

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