hierarchy of criminal Courts in india

hierarchy of criminal Courts in india

1. Hierarchy of Criminal Courts in India

2. Administration of Justice Most basic function of the State. Power used by the State through judiciary to enforce rights and punish wrongs. It involves two parties – - Complainant and Accused or Prosecution and Accused – in criminal cases

3. System of Courts in India • At Centre level – Supreme Court of India • At State level – High Court • At District and Subordinate level – Subordinate Courts

4. The Supreme Court of India The Supreme Court of India is established in accordance with Article 124 and Chapter 4 of Part V of the Indian Constitution

5. Jurisdiction of the Supreme Court • Court of Record. Power to punish for contempt. ( Article.129 ) • Original Jurisdiction. ( Article.131 ) • Highest Court of Appeal in the country. ( Article.132,133,134 & 136) • Writ jurisdiction.( Article.32 ) • Advisory Jurisdiction.( Article.143 ) • Law declared by the Supreme Court binding on all Courts in India.( Article.141 )

6. The High Courts The High Court is on the second level of the hierarchy. They are governed by Article 141 of the Indian Constitution and are bound by the Supreme Court’s decision.

7. Jurisdiction of the High Court • Court of Record. Has power to punish for contempt. ( Article.215 ) • Original Jurisdiction in civil and criminal matters in the case of some High Courts . • Appellate jurisdiction in respect of criminal and civil cases decided by Subordinate courts . • Revisional Jurisdiction conferred under the Criminal Procedure Code . • Writ jurisdiction.( Article.226 ) • Administrative Jurisdiction over subordinate courts.

8. Criminal Courts Subordinate to the High Court • In Cities • Sessions Court (Sessions Judge, Addl. Sessions Judges and Asst. Sessions Judges) • Chief Metropolitan Magistrate’s Court • Metropolitan Magistrates’ Courts • In Districts • Sessions Court (Sessions Judge, Addl. Sessions Judges and Asst. Sessions Judges) • Chief Judicial Magistrate’s Court • Judicial Magistrates of First Class. • Judicial Magistrates of Second Class.

9. The Sessions Judge Section 9 of CrPc discusses the establishment of the Sessions Court. The state government has established a high court, which must be presided over by a judge appointed by the high court. The High Court appoints other judges and assistant judges. The Supreme Court is usually located at the place ordered by the High Court. However, under any special circumstances, if the meeting court considers that it must cater to the convenience of the parties and witnesses, it should preside over the meeting in any other place after the complainant and the defendant agree. According to section 10 of CrPC , assistant conference judges shall be responsible to conference judges

10. The Additional/ Assistant Sessions Judge These are appointed by the high courts of specific states. In the absence of a conference judge, they are responsible for cases related to murder, theft, licentiousness, pickpocketing, etc.

11. The Judicial Magistrate In every area that is not a metropolitan area, the number of first- and second-class judicial judges should not be large. The official presiding over the meeting shall be appointed by the High Court. Every judicial magistrate shall obey the judges of the conference

12. Chief Judicial Magistrate Except for the Metropolitan area, the Judicial Magistrate of the first class shall be appointed as the Chief Judicial Magistrate. Only the Judicial Magistrate of First Class may be designated as Additional Chief Judicial Magistrate.

13. Metropolitan Magistrate They are established in the Metropolitan area. The H igh court has the power to appoint presiding officers. The Metropolitan Chief Justice is appointed Chief Justice of the City. The Chief Justice of the Metropolitan shall act as directed by the Sessions Judge.

14. Executive Magistracy • For Districts - District Magistrates - Additional District Magistrates -Executive Magistrates • For Subdivision - Sub-Divisional Magistrate - Additional SubDivisional Magistrate - Executive Magistrates

15. Executive Magistrate According to section 20 in every district and in every metropolitan area, an Executive Magistrate shall be appointed by the State Government and one of them becomes District Magistrate