Hierarchy of criminal courts Under CrPC

Contents Introduction Components of Criminal Justice System Hierarchy of Criminal Courts Jurisdiction of Supreme Court of India Jurisdiction of High Court Jurisdiction of District Courts Hierarchy of Criminal Court at District level Separation of power Hierarchy of Executive Magistrate Power of various Criminal Court

Introduction What is Legal System? Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Therefore, it is the set of laws of a country and the ways in which they are interpreted and enforced. What is Criminal Justice System? Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. It Is the process of punishing and reforming of offender. Those accused of crime have some protections against abuse of investigatory and prosecution powers. Criminal justice systems are very different around the world depending on the country

Components of Criminal Justice System Police Reporting and Investigating the matter. Courts Trial and Awarding Punishment Prisons to execute the court’s order and to reform the offender

Hierarchy of Criminal Courts Supreme Court of India High Courts District & Session Courts

SUPREME COURT JURISDICTION Supreme court is the highest and final court of appeal under the Constitution of India, the highest constitutional court. It has following extensive powers :- Writ jurisdiction.(A.32) Court of Record. Has power to punish for contempt. (A.129) Original Jurisdiction. (A.131) Highest Court of Appeal in the country. (A.132,133,134 & 136) Law declared by the Supreme Court binding on all Courts in India.(A.141) Advisory Jurisdiction.(A.143)

JURISDICTION OF HIGH COURT There are various High Courts at the state and union territory level of India, which together with the Supreme Court of India at the national level, comprise the country's judicial system. Each High Court has jurisdiction over a state, a union territory or a group of states and union territories. It has following powers:- Court of Record. Has power to punish for contempt. (A.215) Original Jurisdiction in civil and criminal matters. Appellate jurisdiction in respect of criminal and civil cases decided by Subordinate courts. Revisional Jurisdiction conferred under the Civil Procedure Code and Criminal Procedure Code. Writ jurisdiction.(A.226) Administrative Jurisdiction over subordinate courts.

JURISDICTION OF DISTRICT COURTS The District Courts of India are the district courts under different State governments in India for every district or for one or more districts together taking into account the number of cases, population distribution in the district. They administer justice in India at a district level. The District Court or Additional District court exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the District. The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. On the criminal side, jurisdiction is exclusively derived from the criminal procedure code. As per this code the maximum sentence a Sessions Judge of district court may award to a convict is capital punishment.

Hierarchy of district courts.. Session Judge & Additional Session Judge Assistant Session Judge Chief Metropolitan Magistrate or Additional Chief Metropolitan Magistrate Metropolitan Magistrate Special Metropolitan Magistrate Chief Judicial Magistrate or Additional Chief Judicial Magistrate Sub Divisional Judicial Magistrate Judicial Magistrate of First Class Judicial Magistrate of Second Class Hierarchy of district courts..

Separation of Power In pursuance of the scheme of separation of executive from the judiciary (u/A 50 of the Constitution) – Two categories of Magistrates created. Judicial Magistrates – Appointed and controlled by the High Court and discharge judicial functions. Executive Magistrates – Appointed and controlled by the State Government and discharge executive functions, i.e., maintenance of law and order. Unless otherwise defined by the District Magistrate, the jurisdiction and powers of every Executive Magistrate extends throughout the district or the metropolitan area, as the case may be as given u/s 22 of code of criminal procedure.

Hierarchy of Executive Magistrate District Magistrate (Additional District Magistrate) Executive Magistrate Special Magistrate Sub-divisional Magistrate

SENTENCING POWER OF DIFFERENT COURTS Maximum sentence which can be imposed 1. Supreme Court of India Any sentence authorized by law 2. High Court Any Sentence authorized by law u/s 28(1) CrPC 3. Session Judge, Additional Session Judge Any sentence authorized by law, Sentence of death, however, is subject to confirmation by High Court u/s 28(2) CrPC 4. Assistant Session Judge Imprisonment upto 10 years and/or fine. u/s. 28(3) 5. Chief Judicial Magistrate, Chief Metropolitan Magistrate Imprisonment upto 7 years and/or fine. u/s 29(1)(4) 6. Judicial Magistrate First Class, Metropolitan Magistrate Imprisonment upto 3 years and/or fine upto Rs. 10,000/-. u/s. 29(2). 7. Judicial Magistrate Second Class Imprisonment upto 1 year and/or fine upto Rs. 5,000/-. u/s 29(3) 8. Special Judicial Magistrate Imprisonment upto 3 years and/or fine upto Rs. 10,000/-. u/s. 13(1) r/w S. 29(2) Imprisonment upto 1 year and/or fine upto Rs. 5,000/-. u/s. 13(1) r/w S. 29(3)

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