Comprehensive Guide to Criminal Court Procedures and Jurisdiction in

India
Hierarchy and Structure of Criminal Courts
The criminal court system in India is organized hierarchically, ensuring a structured
administration of justice. At the apex is the High Court (H.C.), which supervises and
exercises appellate jurisdiction over subordinate courts. Below the High Court are the
Courts of Session, which handle serious criminal cases such as murder, rape, and
dacoity. These are presided over by Session Judges and are divided geographically into
session divisions, districts, and subdivisions.

Further down the hierarchy are Chief Judicial Magistrates (CJM), Judicial
Magistrates of First Class (JMFC), and Judicial Magistrates of Second Class. These
courts primarily deal with less serious offences, preliminary inquiries, and trials for minor
crimes. Additionally, Executive Magistrates operate within territorial jurisdictions such
as districts and subdivisions, primarily handling preventive functions and certain
administrative powers.

Territorial jurisdictions are defined through session divisions, districts, and

subdivisions. The Section 7 of the Criminal Procedure Code (CrPC) specifies that each
state is divided into session divisions, which in turn consist of districts or subdivisions,
with the boundaries often determined after consultation with the High Court. These
divisions facilitate organized and localized administration of justice, ensuring cases are
tried within appropriate territorial limits.

Appointment and Powers of Judicial and Executive Magistrates

Appointments of judicial officers are made by the High Court or State Government
based on specific criteria. The Section 9 of the CrPC empowers the High Court to
appoint Judicial Magistrates of First and Second Class, Additional CJMs, and
Special Judicial Magistrates for particular cases or classes of cases, providing flexibility
and specialization in handling cases.

Judicial Magistrates of first class are appointed as Chief Judicial Magistrates (CJM)
in each district, with powers to conduct preliminary inquiries, try certain offences, and
pass sentences within prescribed limits. Additional CJMs may be appointed to assist in
districts with high case loads.

Executive Magistrates are appointed by the State Government and have powers related
to preventive detention, maintenance of public order, and emergency functions. They can
be designated as Sub-Divisional Magistrates (SDMs) or District Magistrates (DMs),
with powers delegated through Section 14. The Section 16 of the CrPC defines their
territorial jurisdiction, which generally extends across entire districts unless specifically
limited.

Special magistrates with limited powers can be appointed under Section 15 for specific
cases, providing targeted jurisdiction and administrative flexibility. The hierarchy ensures
clear lines of authority and accountability within the criminal justice system.

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Public Prosecutor's Role and Appointment Hierarchy

The Public Prosecutor (PP) and Assistant Public Prosecutors (APPs) are vital to the
prosecution process, representing the state's interest in criminal cases. Their appointment
is governed by a hierarchy involving the High Court, State Government, and District
Magistrates.

According to Section 18, the High Court appoints PPs for each High Court after
consulting with the Court itself, ensuring legal experience of at least 7 years, with
specialized provisions for appointment from the Central Government or State Cadres.
APPs are appointed at the district level, with eligibility criteria similar to PPs but with a
minimum of 7 years' practice as an advocate or judicial experience.

The role of PPs and APPs includes conducting prosecutions, presenting evidence,
appealing on behalf of the state, and ensuring fair trial procedures. They operate within a
structured hierarchy, with special PPs appointed for specific cases, and their
independence is protected to uphold justice.

Procedures and Safeguards Related to Arrest and Search

The law prescribes detailed procedures to safeguard individual rights during arrests and
searches:

 When and how arrests can be made: Arrests may be with or without warrant,
depending on the nature of the offence. Section 35 of the CrPC permits arrest
without warrant for cognizable offences based on credible information, suspicion,
or in cases of escape or absconding. Arrests must be made in accordance with
Section 41 and Section 46, emphasizing minimal restraint and the necessity of
informing the arrested person of the grounds.
  Rights of the arrested person: Under Section 50 and Section 51, the arrested
person has the right to be informed of the grounds of arrest, to consult a legal
practitioner, and to be examined medically if needed. Section 42 mandates
immediate communication to relatives or friends about the arrest, ensuring
transparency.
 Use of force and safeguarding women: Police may use necessary force to effect
arrest, but Section 43 emphasizes that physical contact with women should be
minimal and justified. Special considerations are mandated for women, including
conducting searches by female officers and respecting their dignity.
 Search procedures: Section 44 authorizes entry and search of premises with
warrants, with safeguards for privacy and decency, especially for women. Section
49 allows searches of arrested persons, including the seizure of offensive
weapons, with procedures for documentation and safeguarding dignity.
 Special provisions for armed forces: Members of armed forces enjoy immunity
from arrest for actions in official duty unless with the consent of the Central
Government, as per Section 43.

Summons and Warrants: Forms, Service, and Execution

Legal processes such as summons and warrants are fundamental to ensuring compliance
with judicial orders:

 Forms and validity: As per Section 63, summons and warrants must be issued in
writing, signed by authorized officers, and bear the court's seal. They can be
served physically or electronically, with Section 64 requiring personal service
where feasible, and Section 66 allowing service on family members if the person
cannot be found.
 Service procedures: Summons can be served by police officers, court officers, or
other authorized personnel, with Section 67 permitting service by affixing if
personal service fails. Service on companies or organizations is addressed in
Section 65, where summons are served on officers or by registered post.
 Execution outside jurisdiction: Warrants can be executed across jurisdictions
within India (Section 81) and even outside India with cooperation from foreign
courts (Section 70). The process involves endorsement, communication, and
proper documentation to ensure legality and accountability.
 Proof of service: Affidavits, endorsed copies, or electronic receipts serve as
evidence of service, safeguarding procedural integrity (Section 70).

Proclamation and Attachment of Property of Absconding Persons

Courts have mechanisms to deal with absconders and their assets:

  Proclamation of absconding persons: Under Section 84, courts can issue
proclamations requiring absconders to appear within a specified time. Failure to
comply can lead to declaring the individual a proclaimed offender.
 Attachment of property: Section 85 empowers courts to attach movable and
immovable property belonging to proclaimed offenders, including seizure, sale, or
transfer of property to recover proceeds of crime. Claims or objections can be
filed under Section 87, with provisions for contesting wrongful attachments.
 Restoration and sale of attached property: Section 88 provides procedures for
releasing or selling attached property, with safeguards for rightful owners and
provisions for appeals under Section 89.

Processes to Compel Production of Documents and Search Warrants

Legal mechanisms exist to obtain evidence:

 Summons to produce: Under Section 94, courts or police can summon

individuals to produce documents or items relevant to investigation, including
electronic evidence.
 Search warrants: Section 96 authorizes issuance of warrants for searching
premises suspected to contain stolen items or objectionable articles, with
procedures for conducting searches respecting privacy and decency (Section 103).
Searches must be documented, preferably via audio-video recording (Section
105), and executed within territorial limits or across jurisdictions as needed.
 Forfeiture of publications: Under Section 98, courts can declare certain
publications forfeited if they contain objectionable content, with procedures for
challenge and appeal.

Investigation Powers and Duties of Police Officers

Police officers play a crucial role in criminal investigations:

 Investigation initiation: Section 174 stipulates that police must register

information about cognizable offences and proceed with investigation without
magistrate orders, subject to certain procedural safeguards.
 Preliminary inquiry and examination: Magistrates can order preliminary
inquiries (Section 178), and police can summon witnesses (Section 179) and
examine them (Section 180).
 Recording statements and confessions: Statements must be recorded carefully,
with safeguards against inducement (Section 182), and confessions must be
voluntary and recorded in presence of magistrates (Section 183).
  Medical examinations: Victims and accused may be medically examined as per
Sections 184 and 185, especially in cases of sexual offences, ensuring evidence
collection while respecting privacy.
 Timely completion of investigation: Police are required to complete
investigations within prescribed timeframes (Section 173), report progress, and
forward case files to magistrates for further action.

Judicial Oversight and Rights During Investigation and Detention

The law ensures judicial oversight and protects individual rights:

 Remand and detention: Magistrates authorize detention beyond 24 hours

(Section 167), with detention periods limited to specific durations based on
offence severity.
 Right to legal counsel and medical aid: Arrested persons have the right to legal
counsel, medical examination, and to be informed of grounds of arrest (Section
137).
 Bail procedures: Bail bonds can be demanded (Section 91), and breach of bonds
leads to warrants (Section 92).
 Discharge and release: If evidence is insufficient, magistrates can order release
(Section 190), and persons can be released on bail or own bond.

Jurisdiction of Courts for Inquiry and Trial

The territorial jurisdiction determines where cases are tried:

 General rule: Offences are tried at the court within the jurisdiction where the
crime was committed (Section 197).
 Place of commission and consequence: Under Section 199, offences can be tried
where the act was committed or where the effect of the offence occurred.
 Escalated offences: For offences involving escalation or multiple offences,
Section 200 allows trial at the place of the act or where the offence escalated.
 Special provisions: Certain offences like dacoity with murder, kidnapping, or
theft involving property can be tried at multiple locations, including where the
accused or property is found (Section 201).
 Jurisdictional disputes: When multiple courts have jurisdiction, Section 206
provides that the High Court will decide which court will proceed, prioritizing the
earliest or most appropriate forum.
 Trial outside local jurisdiction: Under Section 207, courts can issue summons
or warrants for offences committed outside their jurisdiction, including
cooperation with foreign courts for offences involving international elements.