User:Jatin.lamba/Constitution of Criminal Courts in India

Constitution of Criminal Courts and Offices

Classes of Criminal Courts

Section 6 of the Code of Criminal Procedure (Cr. P.C.)– Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely :-

1. Courts of Session;

2. Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

3. Judicial Magistrates of the second class; and

4. Executive Magistrates.

It may be noted that the classes of Criminal Courts mentioned in this section are besides the High Courts and the Courts constituted under any law, other than this Code. Thus, the Criminal Courts are:

1. High Courts

2. Courts constituted under any Law other than this Code

3. Courts of Session

4. Judicial Magistrates of the First Class

5. Metropolitan Magistrates in any metropolitan area

6. Judicial Magistrates of the Second Class

7. Executive Magistrates

8. Special Executive Magistrate

Courts of Session (Section 9 Cr. P.C.)

(1) – The State Government shall establish a Court of Session for every sessions division.

(2) – Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.

(3) – The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.

Courts of Judicial Magistrates (Section 11 Cr. P.C.)

(1) – In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second class and at such places, as the State Government may after consultation with the High Court, by notification specify.

(2) – The presiding officers of such Courts shall be appointed by the High Court.

Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. (Section 12 Cr P.C.)

(1) – In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.

(2) – The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

Subordination of Judicial Magistrates (Section 15 Cr. P.C.)

(1) – Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.

Courts of Metropolitan Magistrates (Section 16 Cr. P.C.)

(1) – In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Courts, by notification, specify.

(2) – The presiding officers of such Courts shall be appointed by the High Court.

(3) – The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.

Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate (Section 17 Cr. P.C.)

(1) – The High Court, shall in relation to every metropolitan area within its local jurisdiction appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.

(2) – The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

Subordination of Metropolitan Magistrates (Section 19 Cr. P.C.)

(1) – The Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.

(2) – The High Court may, for the purpose of this Code, define the extent of subordination, if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.

(3) – The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate.

Executive Magistrates (Section 20 Cr. P.C.)

(1) – In every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

(2) – The State Government may appoint any Executive Magistrate to be an Additional District Magistrate and such Magistrate shall have such of the powers of a District Magistrate under this Code or under any other law for the time being in force as may be directed by the State Government.

Special Executive Magistrates (Section 21 Cr. P.C.)

The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrates, as it may deem fit.