CLASSES OF CRIMINAL COURTS : SECTION 6
Section 6 of the Criminal Procedure Code in India defines the various Classes Of Criminal Courts in each state. Apart from the High Court and courts established under specific laws, it categorizes the following criminal courts:
- Courts of Session (Section 9)
- Judicial Magistrates of the First Class and Metropolitan Magistrates in areas with a population of one million or more (Sections 11 and 16)
- Judicial Magistrates of the Second Class (Section 11)
- Executive Magistrates (Section 20)
COURT OF SESSION : SECTION 9
This section pertains to the establishment, appointment of presiding officers, and functioning of the Court of Session.
- The State Government is responsible for establishing a Court of Session in each session division.
- A judge appointed by the High Court presides over the Court of Session.
- Additional and Assistant Session Judges can be appointed.
- The Court of Session can hold its sessions at specified places or, in specific cases, at a location convenient to parties and witnesses with their consent.
Sentences by High Courts and Sessions Judges –
- High Courts have the authority to pass any sentence authorized by law.
- Sessions Judges and Additional Sessions Judges can also pass sentences authorized by law, but death sentences require High Court confirmation.
- Assistant Sessions Judges can pass sentences authorized by law, except for death sentences or those exceeding ten years of imprisonment.
COURT OF JUDICIAL MAGISTRATES : SECTION 11
Section 11 outlines the establishment and jurisdiction of Judicial Magistrates.
- In districts (excluding metropolitan areas), Courts of Judicial Magistrates of the first and second class are established.
- Special Courts of Judicial Magistrate can be established for specific cases, and their jurisdiction supersedes that of other local Magistrates.
- The High Court can confer the powers of Judicial Magistrates on members of the Judicial Service of the State.
Sentences by Magistrates –
- Chief Judicial Magistrates can pass any sentence authorized by law, except death sentences,life imprisonment or those exceeding seven years of imprisonment.
- Magistrates of the First Class can sentence up to three years of imprisonment, a fine of up to ten thousand rupees, or both.
- Magistrates of the Second Class can sentence up to one year of imprisonment, a fine of up to five thousand rupees, or both.
METROPOLITAN MAGISTRATES : SECTION 16
This section addresses the establishment and powers of Metropolitan Magistrates in metropolitan areas.
- The State Government designates the locations for Courts of Metropolitan Magistrates.
- The presiding officers of these courts are appointed by the High Court.
- The jurisdiction and powers of Metropolitan Magistrates extend throughout the metropolitan area.
Sentences by Chief Metropolitan Magistrates –
- Chief Metropolitan Magistrates can pass any sentence authorized by law, except death sentences or those exceeding seven years of imprisonment.
- They have the powers of Chief Judicial Magistrates and Magistrates of the first class.
EXECUTIVE MAGISTRATES : SECTION 20
Section 20 discusses the appointment and roles of Executive Magistrates in districts and metropolitan areas.
- The State Government appoints Executive Magistrates, with one designated as the District Magistrate.
- Executive Magistrates may also be appointed as Additional District Magistrates.
- In case of a vacant District Magistrate position, an officer temporarily assumes duties.
- The State Government can place Executive Magistrates in charge of sub-divisions, designating them as Sub-divisional Magistrates.
- Delegation of powers to the District Magistrate is possible under specific conditions.
Sentences by Executive Magistrates –
- Executive Magistrates can pass various sentences, including simple imprisonment, fines, forfeiture of property, probation, community service, bonds to maintain peace, and bonds for good behavior.
In conclusion, these categories of Criminal Courts in India ensure the efficient and equitable administration of justice, accommodating different offense levels and appeals. This structure upholds the rule of law and safeguards the rights of both victims and accused individuals within the Indian criminal justice system.
REFERENCE:-
1-https://economictimes.indiatimes.com/topic/district-and-session-court – THE ECONOMIC TIMES
2-https://m.timesofindia.com/topic/session’s-court/news – THE TIMES OF INDIA
3-https://economictimes.indiatimes.com/topic/judicial-magistrate – THE ECONOMIC TIMES
4-https://economictimes.indiatimes.com/topic/metropolitan-magistrate -THE ECONOMIC TIMES
5-https://m.timesofindia.com/topic/executive-magistrate – THE TIMES OF INDIA
6-https://economictimes.indiatimes.com/topic/delhi-high-court – THE ECONOMIC TIMES
