Hierarchy of Criminal Courts & Jurisdiction

The relevant sections for understanding the hierarchy of criminal courts:

 S.6, s.227, s.26, s.28, S. 16, 20, 28 of the Crpc.

The relevant sections for understanding jurisdiction:

S.1, s.177 of Crpc.

The functionaries discharging duties under the Code of Criminal Procedure are many, of which the roles of magistrates and courts is pivotal. The rest are accessories to the process (like the police, public prosecutors, defence counsels, prison authorities etc.)

The Constitution already establishes the SC and HC’s in every State and clearly defines their powers and jurisdictions. Section 374 and 379 of the CrPC allow for appeals to the Supreme Court under certain circumstances and also provides for the transfer of cases from one HC to another or one subordinate court to another, in the interests of justice.

Apart from the SC and the HC’s, Section 6 of the CrPC has specified certain classes of criminal courts:

• Courts of Session
• Judicial Magistrates of the First Class and in any metropolitan area – Metropolitan Magistrates.
• Judicial Magistrates of the Second Class
• Executive Magistrates.

Every sessions division in the State will have a Court of Session, to be presided over by a judge appointed by the HC. There may be Additional or Assistant Session judges whose exercise of powers of the Court of Session itself, and not a separate Court. They shall be subordinate to the Sessions judge – Section 9.

Section 227 of the CrPC deals with power of the Sessions Court to discharge a case after hearing both sides and viewing all documents.

Section 26 – courts by which offences are triable. (self explanatory)

Section 28: Clearly states that the HC may pass any sentence authorised by the law. However, a Sessions/Additional Sessions Judge may pass any sentence except the death sentence, which requires confirmation by the HC. Similarly, the Assistant Sessions Judge can pass any sentence except for death sentence and life imprisonment (or imprisonment exceeding 10 yrs).

Section 16: specifies the establishment of Metropolitan Magistrates in every metropolitan area. Jurisdiction and power shall extend throughout the metro.

Section 11: Courts of Judicial Magistrates to be established in districts that are not metropolitans. Parallel function to that of Metro judges. Two types – first and second class.

Section 20: Executive Magistrates – as many as the State government thinks is fit – one of them will be the District Magistrate. When an executive magistrate is placed in charge of a particular sub-division, he is known as a Sub-Divisional Magistrate. Both Judicial Magistrates and Executive Magistrates have jurisdiction over a district (if not specified otherwise limited). However, executive magistrates perform the magisterial functions of the executive.

Section 177: the ordinary place of inquiry and trial shall be in the Court in whose jurisdiction the act was committed.

You can find notes on other topics on CrPC here.  You can grab notes for other law subjects from here.