Constitution of Criminal Courts and Their Powers
Constitution of Criminal Courts and Their Powers (India)
The criminal courts in India are established under the Criminal Procedure Code, 1973 (CrPC), which provides the legal framework for the constitution, hierarchy, and powers of criminal courts. These courts are responsible for administering criminal justice in India.
1. Hierarchy of Criminal Courts in India
According to Section 6 of the CrPC, the classes of criminal courts (excluding High Courts) are:
(i) Court of Session
Established by the State Government for every sessions division.
Presided over by a Sessions Judge.
May have Additional Sessions Judges and Assistant Sessions Judges.
Try serious offences like murder, rape, dacoity.
(ii) Judicial Magistrates of First Class
Appointed by the High Court.
Try less serious offences than Sessions Courts.
(iii) Judicial Magistrates of Second Class
Also appointed by the High Court.
Try minor offences (like petty theft, minor assault).
(iv) Chief Judicial Magistrate (CJM)
Every district has a CJM.
Supervises the work of other magistrates in the district.
(v) Metropolitan Magistrates
In metropolitan areas (population over 1 million).
Same powers as Judicial Magistrates of the First Class.
(vi) Executive Magistrates
Appointed by the State Government.
Maintain law and order (e.g., Section 144 CrPC).
Cannot try criminal cases (they’re not judicial officers).
2. Special Courts
Set up for specific types of offences (e.g., CBI Courts, NDPS Courts, POCSO Courts, NIA Courts).
Have jurisdiction as defined under the relevant special laws.
3. Powers of Criminal Courts (CrPC Sections 28–32)
| Court | Trial Jurisdiction | Sentencing Powers |
|---|---|---|
| Sessions Court | Offences punishable with death, life imprisonment, or imprisonment over 7 years | Can impose any sentence, including death (subject to High Court confirmation) |
| Additional/Assistant Sessions Judge | Similar to Sessions Court | Up to 10 years imprisonment, and fine |
| Chief Judicial Magistrate (CJM) | Offences not exclusively triable by Court of Session | Up to 7 years imprisonment, and fine |
| Judicial Magistrate First Class | Cognizable and non-cognizable offences of moderate severity | Up to 3 years imprisonment, and fine up to ₹10,000 |
| Judicial Magistrate Second Class | Minor offences | Up to 1 year imprisonment, and fine up to ₹5,000 |
| Executive Magistrate | Preventive and administrative actions under CrPC | Cannot try offences, but can impose fines in some preventive actions |
4. High Courts and Supreme Court
High Court
Has original, appellate, and revisional jurisdiction in criminal matters.
Can try any offence.
Can hear appeals from Sessions Courts.
Can confirm or commute death sentences.
Supreme Court of India
Final appellate authority in criminal matters.
Can exercise extraordinary jurisdiction under Article 136.
Can hear appeals from High Court judgments.
5. Important Provisions in CrPC
| Section | Provision |
|---|---|
| Section 6 | Classes of criminal courts |
| Section 28 | Sentences courts can pass |
| Section 29 | Sentencing powers of Magistrates |
| Section 190 | Cognizance of offences by Magistrates |
| Section 200-204 | Procedures for complaint cases |
| Section 374-382 | Appeals procedures |
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