India boasts one of the most effective legal systems in the world, designed to meet the needs of each and every citizen of the nation. The Indian judicial system is highly developed, featuring an intricate and protracted court hierarchy. With the Apex Court at the apex of the pyramid, the legal system is organized hierarchically. The way the courts are set up makes it possible for someone from a far-off place to come to court and have their issues settled.
what is criminal court?
- When the state files charges against you because it thinks you’ve committed a crime, you go to criminal court.
- Criminal courts are set up to punish lawbreakers and serve as a means of enforcing justice. The Code of Criminal Procedure of 1973 rule book is used to establish the hierarchy.
hierarchy of criminal courts under crpc
The hierarchy of criminal courts under crpc is as follows:
Supreme Court:
- Criminal cases are under the purview of the Supreme Court of India. This court was established for every state in India by the Constitution. The Indian Constitution also makes extensive mention of this court’s authority and jurisdiction.
- Furthermore, in specific conditions, the Criminal Procedure Code’s section 379 offers procedures pertaining to appeals in the Supreme Court.
- Additionally, the Supreme Court is authorized by section 406 of the CrPC to transfer matters and appeals from one High Court to another High Court.
High Court:
- Section 483 of the CrPC requires the High Court to maintain constant supervision over the Judicial Magistrates’ courts, which are under its jurisdiction.
- The High Court has also been given a number of responsibilities and powers under the code, including those pertaining to appeals and modifications. The High Court can impose any sentence that is permitted by law.
Sessions Court (also called Court of Session):
- A judge selected by the High Court will preside over the Sessions Court, which the State Government is authorized to establish under Section 9 of the CrPC.
- In order to have jurisdiction in the Court of Session, the High Court also appoints the Additional and Assistant Sessions Judges.
Judicial Magistrates:
- According to Section 11 of the CrPC., the State Government may establish courts for Judicial Magistrates of the first and second classes in any district (that is, not a metropolitan area) after consulting with the High Court.
- The High Court will act similarly if it determines that any member of the Judicial Service serving as a judge in a civil court needs to be granted the authority of a Judicial Magistrate of the first or second class.
Chief Judicial Magistrate:
- The Chief Judicial Magistrate in each district, excluding metropolitan areas, will be appointed by the Judicial Magistrate of the first class, in accordance with Section 12 of the Code.
- The Judicial Magistrate of First Class may also be designated by the High Court as an Additional CJM, in which case the Magistrate will have the authority to perform all duties associated with the position of Chief Judicial Magistrate.
Executive Magistrates:
- According to Section 20, the State Government appoints Executive Magistrates in each district and metropolitan area, with one of them serving as the District Magistrate.
- An Additional District Magistrate, designated as an Executive Magistrate, will hold the same authority as a District Magistrate under the Code.
powers of criminal courts under crpc
- The Supreme Court, High Court, and even the High Court’s powers are unrestricted because they are constitutional courts; in fact, section 28(1) of the Code of Criminal Procedure mentions the High Court’s authority. The High Court may impose any sentence that is permitted by law, as stated in section 28(1).
- Section 28(2) of the Code of Criminal Procedure states that a session judge or additional session judge may impose any sentence permitted by law, with the exception of the death penalty, which is subject to confirmation by the high court.
- Section 29 (1) grants the Chief Judicial Magistrate authority. The Chief Judicial Magistrate may impose any sentence permitted by law, with the exception of the capital penalty, life in prison, and sentences longer than seven years, as stated in section 29(1).
- According to Section 29(2) of the Code of Criminal Procedure, a Judicial Magistrate of the First Class may impose any sentence permitted by law, with the exception of the death penalty, life in prison, and sentences longer than three years. In addition, the magistrate may fine up to Rs. 10,000, and in the states of Maharashtra and Rajasthan, they may fine up to Rs. 50,000.
- According to Section 29(3), a Judicial Magistrate of Second class may inflict any sentence permitted by law, with the exception of the death penalty, life in prison, and sentences of more than a year. He may also impose a fine of up to Rs. 5,000, and in Maharashtra, he may impose a fine of up to Rs. 10,000.
- The Executive Magistrate is covered under the Code of Criminal Procedure Section 20. The State Government may designate the executive magistrate in each district and metropolitan region, and it will designate one of them to serve as the district magistrate. Code of Criminal Procedure, Sections 129, 130, 131, and 144, define the powers of the Executive Magistrate.
In India, the Constitution is the ultimate authority and document of great significance. Because of this, it becomes important to create safeguards for its protection. As a result, the courts have been given a number of powers to guarantee that no authority abuses their jurisdiction or intrudes into another person’s territory.
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