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Structure of Courts and Their Competency To Punish

The document outlines the structure and competency of various criminal courts, including Courts of Session, Judicial Magistrates, and Executive Magistrates, detailing the sentences they can impose. It also describes the processes for FIR, complaint, and information cases, along with the competency to punish for different court levels. Additionally, it explains the rules for concurrent and consecutive sentences in cases of multiple offences.

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6 views5 pages

Structure of Courts and Their Competency To Punish

The document outlines the structure and competency of various criminal courts, including Courts of Session, Judicial Magistrates, and Executive Magistrates, detailing the sentences they can impose. It also describes the processes for FIR, complaint, and information cases, along with the competency to punish for different court levels. Additionally, it explains the rules for concurrent and consecutive sentences in cases of multiple offences.

Uploaded by

vishesh.sem
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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Criminal Courts

Court of Judicial Court of Court of Judicial Court of


Sessions Court Magistrate 1st Metropolitan Magistrate 2nd Executive
Class Magistrate Class Magistrate

Chief Judicial
Chief Judicial Executive
Session Judge Metropolitan Magistrate 2nd
Magistrate Magistrate
Magistrate Class

Additional Chief Additional Chief


Additional
Judicial Metropolitan
Session Judge
Magistrate Magistrate

Judicial
Assistant Session Metropolitan
Magistrate 1st
Judge Magistrate
Class

Sec. 6 Classes of Criminal Courts


(1) 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.
Timeline
FIR Cases
PW DW Hearing on
FIR Cognizance 230/231 Stage Stage Sentence

Police Issue of Charge 351 Judgment Final


Report Process Framing Sentence

Complaint Cases
Complaint Dismissal of PW DW Hearing on
u/s 223 Complaint 230/231 Stage Stage Sentence

Cognizance Issue of Charge 351 Judgment Final


Process Framing Sentence

Info Cases
Information Issue of Charge Final
u/s 210(1)(c) Process Framing 351 Judgment Sentence

Cognizance 230/231 PW DW Hearing on


Stage Stage Sentence
Competency to Punish
Sec. 22 Sentences which High Courts and Sessions Judges may pass
(1) A High Court may pass any sentence authorised by law
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any
sentence of death passed by any such Judge shall be subject to confirmation by the High Court
(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or
of imprisonment for life or of imprisonment for a term exceeding ten years

Sec. 23. Sentences which Magistrates may pass


(1) 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
(2) 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 both or of community
service.
(3) The Court of a 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.
(4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial
Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first
class
Explanation.—"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 shallnot be entitled to any
remuneration.
Competency to Punish
(cont…)
HIGH COURT • Any fine
• Any punishment

• Any fine
SJ & Addl. SJ • Any punishment (death sentence subject to High Court
Confirmation u/s 368)

CJM • Any fine


• Imprisonment up to 7 years

• Fine up to ₹ 50,000
JMIC • Imprisonment up to 3 years

• Fine up to ₹ 10,000
JM2C • Imprisonment up to 1 year
Competency to Punish
Concurrent Sentence
(cont…)
1st Sentence
2nd Sentence
3rd Sentence

Consecutive Sentence

1st Sentence 2nd Sentence 3rd Sentence

Sec. 25 (2) Sentence in cases of conviction of several offences at one trial


In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate
punishment for the several offences being in excess of the punishment which it is competent to inflict on
conviction of a single offence, to send the offender for trial before a higher Court:
Provided that—
(a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years;
(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to
inflict for a single offence

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