The foundation of India’s criminal justice system has been made up of the Criminal Courts, which are regulated by the Code of Criminal Procedure (CrPC). These courts are where justice is sought out, fought for, and sometimes won. The cases they consider encompass everything from minor thefts to horrific offenses.
Criminal Courts under CRPC
- You appear in criminal court when the state brings charges against you based on its belief that you have committed a crime.
- Criminal courts are designed to punish offenders and act as a check on injustice. The hierarchy is based on the 1973 Code of Criminal Procedure rule book.
482 CRPC: Hierarchy of Criminal Courts
There are various classes of criminal courts under crpc. The classes of criminal courts under CRPC are as follows:
Supreme Court:
- The Supreme Court of India has jurisdiction over criminal proceedings. The Indian Constitution established this court for each state.
- The jurisdiction and competence of this court is also mentioned extensively in the Indian Constitution.
- In addition, the Criminal Procedure Code’s section 379 provides instructions for Supreme Court appeals under certain circumstances.
- Moreover, section 406 of the CrPC gives the Supreme Court the authority to transfer cases and appeals from one High Court to another High Court.
High Court:
- The High Court is mandated under Section 483 of the CrPC to provide continuous oversight over the Judicial Magistrates’ courts, which fall under its purview.
- Under the code, the High Court has also been granted a number of duties and authority, including those relating to appeals and amendments. The High Court has the authority to inflict any legal sentence.
Sessions Court:
- The Sessions Court, which the State Government is permitted to establish under Section 9 of the CrPC, will be presided over by a judge chosen by the High Court.
- The High Court also selects the Additional and Assistant Sessions Judges in order to have jurisdiction in the Court of Session.
Judicial Magistrates:
- In accordance with Section 11 of the CrPC, the State Government may, following consultation with the High Court, established courts for Judicial Magistrates of the first and second classes in any district (that is, outside of a metropolitan area).
- If the High Court finds that any member of the Judicial Service sitting as a judge in a civil court should be given the power of a Judicial Magistrate of the first or second class, it will proceed in a similar manner.
Chief Judicial Magistrate:
- In line with Section 12 of the Code, the Judicial Magistrate of the first class will appoint the Chief Judicial Magistrate in each district, excluding metropolitan areas.
- The High Court may also designate the Judicial Magistrate of First Class as an Additional CJM, in which case the Magistrate will be able to carry out all responsibilities related to the Chief Judicial Magistrate role.
Executive Magistrates:
- In line with Section 20, the State Government designates Executive Magistrates, one of whom holds the position of District Magistrate, in each district and metropolitan area.
- According to the Code, an Additional District Magistrate, also known as an Executive Magistrate, will have the same powers as a District Magistrate.
jurisdiction of criminal courts under crpc
- The main norm regarding the territorial jurisdiction for criminal investigations and trials is outlined in Section 177. According to the clause, the location of the offense will be taken into consideration while determining the geographical jurisdiction of criminal courts.
- The subsequent provisions found in Sections 178 to 186 and 188 CrPC must be read in light of the rule outlined in Section 177 CrPC. Section 177 CrPC is also subject to exceptions under the provisions of Sections 219 to 223 CrPC.
Constitution And Powers Of Criminal Courts Under CRPC
- Because the Supreme Court, High Court, and even the High Court are constitutional courts, their powers are unbounded; in fact, the High Court’s jurisdiction is mentioned in section 28(1) of the Code of Criminal Procedure. According to section 28(1), the High Court may impose any sentence that is allowed by law.
- A session judge or additional session judge can impose any sentence allowed by law, subject to confirmation by the high court, save for the death penalty, which is subject to Section 28(2) of the Code of Criminal Procedure.
- Section 29 (1) confers authority upon the Chief Judicial Magistrate. As per section 29(1), the Chief Judicial Magistrate has the authority to administer any sentence that is permissible by law, save for the death penalty, life in prison, and penalties exceeding seven years.
- A Judicial Magistrate of the First Class may impose any sentence allowed by law, except the death penalty, life in prison, and sentences longer than three years, in accordance with Section 29(2) of the Code of Criminal Procedure. Furthermore, the magistrate has the authority to impose fines of up to Rs. 10,000 and up to Rs. 50,000 in the states of Maharashtra and Rajasthan.
- A Judicial Magistrate of Second class may impose any sentence allowed by law, subject to Section 29(3) exceptions for the death penalty, life in prison, and terms longer than a year. In addition, he has the authority to fine up to Rs. 5,000, and in Maharashtra, up to Rs. 10,000.
- Section 20 of the Code of Criminal Procedure applies to the Executive Magistrate. Each district and metropolitan area’s executive magistrate may be chosen by the State Government, which will also choose one of them to act as the district magistrate. The Executive Magistrate’s authority is delineated in Sections 129, 130, 131, and 144 of the Code of Criminal Procedure.
Criminal Courts Under CRPC FAQs
What is the hierarchy of criminal courts in CrPC?
The Supreme Court of India is the most powerful criminal court in India. The High Court, Sessions Court, and Judicial and Executive Magistrates come next.
What is the jurisdiction of a criminal court?
When an offense is committed by or against a person or object while on a journey or voyage, the court that the person or object passed through on that journey has the authority to investigate or try that instance of the offense.
What are the functions of the criminal courts?
Criminal courts deal with people who are suspected of committing crimes, judging whether or not they are guilty and, if so, what punishments they will get.
What is the jurisdiction of criminal courts under CrPC?
Section 177 of CrPC lays out the primary rule governing the territorial jurisdiction of criminal investigations and trials. The section states that the Court’s geographical jurisdiction will be determined by taking the offense’s location into account.
Under which law are criminal courts established?
A State Government may, with the advice of the relevant state’s High Court, create a Court of Judicial Magistrate of the First Class pursuant to Section 11 of the Criminal Procedure Code of 1973.
Which is the lowest criminal court in a district?
The Judicial Magistrate First Class is the lowest court in terms of criminal proceedings. Small-dollar civil cases are decided by Civil Judges (Junior Division). Criminal proceedings are decided by Judicial Magistrates and carry a maximum three-year jail sentence.
Which is the highest criminal court?
The Indian Constitution itself established the Supreme Court, which is the country’s highest court. The Constitution also provides for the High Courts of the individual states. The CrPC grants the other criminal courts their authority and duties.
Who supervised the criminal court?
The appropriate High Court oversees the operation of all subordinate courts. There are criminal and civil courts in each district. The highest court in a district is the Court of the District Judge. Criminal matters are handled by the Sessions Judge, while civil proceedings are handled by the District Judge.
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