An Analysis of Hierarchy of Criminal Couts in India

PROJECT SUBMITTED TO:

Mrs. Shreejaya Patil
(FACULTY OF CRPC)

PROJECT SUBMITTED BY:

Prashant Kerketta
Semester VII, Section B
ROLL NO. 119
DATE OF SUBMISSION: 16.08.2016

HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR, CHHATTISGARH

TABLE OF CONTENTS

Declaration..3
Certificate4
Acknowledgement...5
Objectives6
Introduction..7
Hierarchy of Criminal Courts..8
High Court9
Constitution of High Court and its Powers.10
Courts of Session.13
Courts of Magistrates ..14
Supreme Court.17
Conclusion...18
Bibliography/Webliography....19

DECLARATION

I, Prashant Kerketta, having researched on the project work titled as An analysis of hierarchy of
Criminal Courts in India as a student hereby declare that this Research Project has been
prepared for academic purposes only, and has been prepared by myself under the supervision of
Mrs. Shreejaya Patil, faculty CRPC, Hidayatullah National Law University, Raipur.
The views expressed in the report are personal and do not reflect the views of any authority or
any other person.
I also declare that this Research Paper or any part thereof has not been or is not being submitted
elsewhere for the award of any degree or Diploma. This report is the intellectual property of the
University on the part of the student research work, and the same, or any part thereof, may not be
used in any manner whatsoever in writing.

CERTIFICATE

This is to certify that Mr. Prashant Kerketta, Roll Number- 119, student of Semester- VII, B.ALL.B.(Hons.), Hidayatullah National Law University, New Raipur (Chhattisgarh), has researched
on the project work titled An analysis of Criminal courts in India, in partial fulfillment of the
subject of Crpc.

Place: New Raipur

Mrs. Shreejaya Patil

Date: 16.08.2016

(Faculty: Crpc)

Hidayatullah National Law University, New Raipur, Chhattisgarh.

ACKNOWLEDGEMENT
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At the outset, I would like to express my heartfelt gratitude and gratefulness to my

teacher Mrs.Shreejaya Patil, for giving me a project topic such as this and for having faith in me
so as to present my report in the best possible way. Mam, thank you for providing me with an
opportunity to learn and grow.
I also extend my gratitude to the staff and administration of Hidayatullah National Law
University, for providing the infrastructural facilities in the form of our library and IT Lab, which
were a source of great help for the completion of this project.
Last but not the least, a heartfelt thanks to my seniors and friends who helped me out
even in the oddest of hours.
Thanking you all sincerely,

Prashant Kerketta
Sem VII
Section B
Roll No-119

Introduction

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 is the apex body, followed by
24 High Courts which have been created by the constitution of India, and their jurisdiction and
powers are well defined in the constitution itself. The primary duty of the Supreme Court is to
ascertain whether the laws are executed and obeyed properly and to see to it that no person is
deprived of justice in any court of law. With this purpose in view, the Supreme Court occupies
the highest place in our unitary judicial system. Attempt has been made, as far as possible, to
ensure its independence and achieve the goal of ensuring justice. The Supreme Court has been
equipped with enormous powers. By virtue of its place at the apex of the judicial pyramid, the
Supreme Court acts as a great unifying force. We have seen that its decisions and verdicts are
binding on any court in India. As a result, there is a good possibility of integration, consistency
and cohesion in the entire judicial system of the country.
Article 124 of Indian constitution says that there shall be a Supreme Court of India its
constitution powers and jurisdictions have been defined from Article 124-147. The Supreme
Court is meant to be the highest court of appeal which takes up appeals against the verdict of
High Courts. There are 24 High Courts in the country which regulates the working of the
Sessions court. The Constitution, by Article 227, provides that every High Court shall so
exercise superintendence over all courts and tribunals.
The Criminal Procedure Code further provides that every High Court can exercise
superintendence over the courts of Judicial Magistrate subordinate to it as to ensure an
expeditious and proper disposal of such case by such magistrates.

Objectives

To study about criminal courts.

To study about the Powers of Criminal Courts.
To study about the Hierarchy of Criminal Courts
To study about the Role of Supreme Court in Criminal Cases.

RESEARCH METHODOLOGY

This is a descriptive & analytical research paper. My research paper is largely based on the
critical review of secondary and electronic sources of information. References used as guided by
the faculty of Cr.PC , Ms. Shreejaya Patil were of great use in completing this project.

Structure, Hierarchy of Criminal Courts in India

Section 6 of the Code of Criminal Procedure (Cr. P.C.)

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 :1. Courts of Session;
2. Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;
3. Judicial Magistrates of the second class; and
4. Executive Magistrates.
It may be noted that the classes of Criminal Courts mentioned in this section are besides the High
Courts and the Courts constituted under any law, other than this Code. Thus, the Criminal Courts
are:
1. High Courts
2. Courts constituted under any Law other than this Code
3. Courts of Session
4. Judicial Magistrates of the First Class
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5. Metropolitan Magistrates in any metropolitan area

6. Judicial Magistrates of the Second Class
7. Executive Magistrates

The High Court

There is a High Court for each State or one or more States. It is the highest judicial institution
within the State. The conditions and qualifications for appointment of Judges of a High Court are
contained in Articles 217-222 of the Constitution of India. Each High Court has original as well
as appellate jurisdiction.
The High Court has the power to issue certain writs to any person, authority or even the
Government within its territorial jurisdiction for the enforcement of any of the rights conferred
by Part in of the Constitution of India. The Court also has the power of superintendence over all
subordinate courts and Tribunals situated within its territorial jurisdiction.
The High Court stands at the head of the Judiciary in a State. It enjoys civil as well as
criminal, ordinary as well as extraordinary and general as well as special jurisdiction. The
institution of the High Court is fairly old as it dates back to 1862 when under the Indian High
Court Act, 1861, High Courts were established at Calcutta, Bombay and Madras. In course
of time, other High Courts have also been established.
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The High Courts enjoy an Original Jurisdiction in respect of testamentary, matrimonial and
guardianship matters. Original Jurisdiction is conferred on the High Court under various
statutes.
The High Courts also enjoy extraordinary jurisdiction under Article 226 to issue
various writs. Each High Court has supervisory power over subordinate courts under it.
Each High Court, being a court of record enjoys the power to punish for its contempt as well
as of its subordinate courts.1

CONSTITUTION OF INDIA: HIGH COURTS

Article 214: High Courts for States.-There shall be a High Court for each State.
Article 215. High Courts to be courts of record.
Every High Court shall be a court of record and shall have all the powers of such a court
including the power to punish for contempt of itself.
Article 231. Establishment of a common High Court for two or more States.

Jurisdictions
The following are the jurisdictions and powers which the High Courts enjoy all over the country
1. Original jurisdiction
The Constitution of India does not give a detailed description of the original jurisdiction of the
High Court. It is accepted that the original jurisdiction of a High Court is exercised by issue of
Writs to any person or authority including Government. Article 226 of the Constitution vests in
the High Court the power to issue writs for the restoration of fundamental rights.
1 http://www.importantindia.com/12418/powers-and-functions-of-high-court-in-india/
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The original jurisdiction of the High Courts also extends to the matters of admiralty, probate,
matrimonial and contempt of Court cases. The High Courts have also full powers to make rules
to regulate their business in relation to the administration of justice. It can punish for its own
contempt.
2. Appellate Jurisdiction
The appellate jurisdiction of High Court extends to both civil and criminal cases. In civil cases,
its jurisdiction extends to cases tried by Courts of Munsifs and District judges. In the criminal
cases it extends to cases decided by Sessions and Additional Sessions Judges.
Thus, the jurisdiction of the High Court extends to all cases under the State or federal laws.2

Powers

Power of Superintendence
A High Court has also the power of superintendence over all Courts and Tribunals except those
dealing with the armed forces functioning in the State. In exercise of this power it may:(i)

Call for return from such Courts.

(ii)

(ii) May issue general rules and prescribe forms for regulating the practice and
proceedings of such Courts, and

(iii)

(iii) Prescribe forms in which books and accounts are being kept by the Officers of
any Court.

This power has made the High Court responsible for the entire administration of Justice in the
State. It is both judicial as well as administrative in nature. The Constitution does not place any
restriction on its power of superintendence over the subordinate Courts. It may be noted the
Supreme Court has no similar power vis-a-vis the High Court.

2 http://www.importantindia.com/12418/powers-and-functions-of-high-court-in-india/
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Power of Transfer of Cases to High Court

If the High Court is satisfied that a case pending in a Court subordinate to it involves a
substantial question of law as to the interpretation of the Constitution the determination of which
is necessary for the disposal of the case, it shall withdraw the case and may :(a) Either dispose of it. Or
(b) Determine the said question of law and return the case to the Court from whom it had been
withdrawn together with a copy of its judgment on such question and the said Court shall on
receipt thereof proceed to dispose of the case in conformity with such judgment.

Control over its Officers and Employees

The High Court has complete control over its officers and employees. Appointments of officers
and servants are to be made by the Chief Justice or such other Judge or Officer of the High Court
as the Chief Justice may direct.
The power of appointment also includes powers to suspend or dismiss. The administrative
expenses of the High Court, including all salaries, allowances and pensions payable to its
officers, are charged upon the Consolidated Fund of the State.
Finally, a High Court is also a Court of Record. Its decision will be binding on its subordinate
Courts. Its proceedings and decisions have evidential value and they cannot be questioned by the
subordinate Courts. Further, it can punish for contempt of itself.
Apart from the Supreme Court and High Courts, the following classes of Criminal Courts
have been defined under Section 6 of the Code of Criminal Procedure (Cr. P.C.)
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 :-

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1. Courts of Session;
2. Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan
Magistrates;
3. Judicial Magistrates of the second class; and
4. Executive Magistrates.

The highest court in each district is the District and Sessions Court. When it exercises its
jurisdiction on Code of Civil Procedures it is called District Civil Court. The District court
is also a court of Sessions when it exercises its jurisdiction on criminal matters under Code
of Criminal Procedure.3
The Court of Session (Section 9 Cr. P.C.)
(i) The State Government shall establish a Court of Session for every sessions division.
(ii) Every Court of Session shall be presided over by a Judge, to be appointed by the High
Court.
(iii) The High Court may also appoint Additional Sessions Judges and Assistant Sessions
Judges to exercise jurisdiction in a Court of Session.

There is a Court of Session in each District which is presided over by a Sessions Judge and one
or more Additional Sessions Judges. In certain cases, Assistant Sessions Judges are also
appointed to work in the Sessions Court. The Sessions Judge or the Additional Sessions Judge is
empowered to pass any sentence authorised by law but any sentence of death awarded by him
must be confirmed by the High Court to which he is subordinate.

3 https://advocateguru.com/constitution-and-powers-of-criminal-courts-and-offices/
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The Sessions Court exercises both original and appellate jurisdiction. The appointments of the
Sessions Judges, Additional Sessions Judges and Assistant Sessions Judges are made by the High
Court of the concerning State with a view to maintaining the independence of the judiciary.

Courts of Judicial Magistrates (Section 11 Cr. P.C.)

(i) 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.
(ii) The presiding officers of such Courts shall be appointed by the High Court.

Section 11 of CrPC states that 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.

Judicial Magistrate First Class: These Courts are on the second lowest level of the
Criminal Court structure in India. These Courts may be established by the State
Government in consultation with the High Court of the respective State, at such places in
the district and in any number by issuing a notification. As per section 29 of CrPc these
Courts may pass a sentence of imprisonment for a term not exceeding three years, or a fine
not exceeding five thousand rupees, or both.
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. A Chief Judicial Magistrate may
impose a sentence except

Sentence of death

Imprisonment of life.

Imprisonment for a term exceeding seven years.

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A 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.

Metropolitan Magistrate (Section 16 Cr. P.C.):

(i) In every metropolitan area, there shall be established as many Courts of Metropolitan
Magistrates, and at such places, as the State Government may, after consultation with the
High Courts, by notification, specify.
(ii) The presiding officers of such Courts shall be appointed by the High Court.
(iii) The jurisdiction and powers of every Metropolitan Magistrate shall extend
throughout the metropolitan area.
These Courts are on the second lowest level of the Criminal Court structure in India.
A Metropolitan Magistrate who is the first class Magistrate is under the control of sessions Judge
and is subordinate to the Chief Metropolitan Magistrate. The Court of Chief Metropolitan
Magistrate and those of the Additional Chief Metropolitan Magistrates were created by Section
17 of the Code. Section 18 of the Code also provided for Special Metropolitan Magistrates. The
towns having population exceeding one million could be declared as Metropolitan Areas. A
Metropolitan magistrate is under the general control of the Sessions Judge and is subordinate to
the Chief Metropolitan Magistrate
As per section 28 of CrPc a Metropolitan Magistrate may pass a sentence of imprisonment for a
term not exceeding one year or a fine not exceeding five thousand rupees.

Judicial Magistrate of the Second Class (Section 19 Cr. P.C.)4

These Courts may be established by the State Government in consultation with the High Court of
the respective State, at such places in the district and in any number by issuing a notification .
The Court at the lowest level is called Judicial Magistrate of the Second Class. This Court is

46
https://www.academia.edu/6378905/Constitution_of_Criminal_Courts_and_Jurisdictio
n
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competent to try the case if the offence is punishable with imprisonment for a term not exceeding
one year, or with fine not exceeding five thousand rupees, or with both.
As per section 29 (3) of CrPc, these Courts shall reward imprisonment for a term not
exceeding one year, or fine not exceeding one thousand rupees, or both.

Executive Magistrate (Section 20 Cr. P.C.)

(i) In every district and in every metropolitan area, the State Government may appoint as
many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be
the District Magistrate.
(ii) The State Government may appoint any Executive Magistrate to be an Additional District
Magistrate and such Magistrate shall have such of the powers of a District Magistrate under this
Code or under any other law for the time being in force as may be directed by the State
Government.
(iii)Whenever, in consequence of the office of District Magistrate becoming vacant, any officer
succeeds temporarily to the executive administration of the district, such officer shall, pending
the orders of State Government, exercise all the powers and perform all the duties respectively
conferred and imposed by this code on the District Magistrate.
(iv)The state Government may place an executive magistrate in charge of a sub-division and
may relieve him of the charge as occasion requires.
The State Government can appoint as many persons as it thinks fit to be Executive Magistrate
and one of them to be the District Magistrate in every district and in every metropolitan area. The
State Government can also appoint any Executive Magistrates to be an Additional District
Magistrate who have powers of a District Magistrate.5

The Supreme Court of India

5 http://legalseccdose.blogspot.in/2015/01/hierarchy-of-criminal-courts-in-india.html
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It is the highest court in the countrys judicial system. So far criminal cases are concerned, the
Supreme Court has only appellate powers that too in rare cases. It may, however, be stated that
there is a move to enlarge the appellate jurisdiction of the Supreme Court in criminal cases.
There is also a demand that the Supreme Court of India should exercise appellate jurisdiction
over the cases where the accused has been sentenced to a term of imprisonment for ten years or
more. The Supreme Court also has writ jurisdiction for the enforcement of fundamental rights.
The new trend is that the Supreme Court has started awarding monetary compensation to the
victims of abuse of criminal law process, particularly in cases of custodial torture or illegal
detention or abuse of power by the criminal law administrators violating the provisions of Article
21 of the Constitution relating to right to life and liberty of the victims. This is indeed a welcome
step in the area of criminal justice system.
Yet another significant development in the functioning of the Supreme Court in dispensation of
criminal case is its activism in warning the erring governments against abuse of power and
authority. Highlighting the activist role of the Supreme Court, Justice Ganguly of the Court, who
was probing into the 2-G spectrum scam case, observed, Courts are now widening their
jurisdiction and becoming the institutions of governance and are not merely as arbitrators of
disputes.6

6 http://supremecourtofindia.nic.in/jurisdiction.htm
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Conclusion
It is of utmost importance that, an advocate should have knowledge about the hierarchy of
criminal courts in India as well as the jurisdiction. It is the Code of Criminal Procedure, 1973,
which defines the territorial jurisdiction and also general jurisdiction.
Section 6 of Cr.P.C. envisaged that there shall be the following classes of criminal Courts, viz.,
Courts of Session; Judicial Magistrates of the first class, Judicial Magistrates of the second class,
and the Executive Magistrates. In the Metropolitan area, the hierarchy is Metropolitan Sessions
Judge, and Metropolitan Magistrates. This is apart from the High Courts and the Supreme Court.
Section 9, Cr.P.C. further contemplates that the High Court may constitute as many Assistant
Sessions Courts as are necessary (depending upon the workload).1
The jurisdiction and powers including those in respect of criminal matters of the Supreme Court
and High Courts are well defined in the Constitution itself. Under Article 227 of the Indian
Constitution, every High Court has superintendence over all courts and tribunals throughout the
territories in relation to which it exercises jurisdiction. The Criminal Procedure Code further
provides that every High Court can exercise superintendence over the courts of Judicial
Magistrate subordinate to it as to ensure an expeditious and proper disposal of such case by such
magistrate.7
The Constitution of India has offered an exclusive legal power to the Supreme Court of India and
this is one of the reasons why it can take care of enforcing the fundamental rights to the Indian
citizens. The Supreme Court has a chief justice, who works with a team of twenty five other
judges, all of whom are selected by the President of India.

7
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Webliography/Bibliography

http://supremecourtofindia.nic.in/jurisdiction.htm.
http://lawnn.com/classes-criminal-courts/.
The Code of Crminal Procedure 1973.

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