COURTS

The setup of criminal courts in India is of 2 types i.e. District and Metropolitan
areas.
District
The setup of criminal courts in district areas is at 3 levels: –
At the lower level of the judiciary the courts are called courts of Judicial
Magistrate which are of 3 types: –
Judicial magistrate
Judicial magistrate second class
Special magistrate court
At the middle level of the judiciary, the courts at the sessions level include: –
Court of sessions
Additional courts of sessions
Assistant courts of sessions
Special courts
At the higher level of the judiciary, there are High Court and Supreme Court.
Metropolitan areas
The courts at the session’s level are referred to as metropolitan courts and they
are of 2 types: –
Metropolitan magistrate courts
Special Metropolitan Magistrate
Chief Judicial Magistrate/Chief Metropolitan Magistrate exercises supervisory
authority or administrative authority of all the magistrates in sessions/division
or metropolitan areas.

DEFENSE COUNSEL:
In most of the cases an accused person is a layman and is not aware of the
technicalities of law, therefore, as per Section 303, an accused person shall have
a right to be defended by a counsel of his own choice. As the accused or his family
employs the pleader to defend the accused against the alleged charges, such a
pleader is not a government employee. For ensuring a just and fair trial it is
essential that a qualified legal practitioner presents the matter on behalf of the
accused.
Therefore, Section 304 provides that if the accused does not have sufficient means
to hire a counsel, a pleader shall be assigned to him by the court at the state’s
expense. There are various schemes through which an accused who does not have
sufficient means to hire a pleader can get free legal aid, such as the Legal Aid
Scheme of State, Legal Aid and Service Board, Supreme Court Senior Advocates Free
Legal Aid society and Bar Association. The Legal Services Authorities Act,
1987 provides needy people with free legal aid.

PRISON AUTHORITIES AND CORRECTIONAL SERVICES

The court does not create but presupposes the existence of prison authorities and
the Prison. As per Section 167 Magistrates and judges are empowered by the code to
order the detention of under-trial prisoners in jail during the pendency of the
proceedings. The courts have the power under the Code to impose imprisonment
sentences on convicted persons and to execute such sentences send them to prison
authorities.
However, the Code does not provide specific provisions for working, creation and
control of such machinery. The Prisons Act 1894, The Probation of Offenders Act
1958 and The Prisoners Act 1900 deals with such matters.

Territorial divisions under the code

The entire territory of India consists of states and Section 7 of the Code states
that “the basic territorial divisions of the State are the districts and the
Sessions Divisions”. Considering the special needs of big cities like Bombay,
Calcutta, Madras, etc. the Code has recognised them as metropolitan areas and each
such area shall be considered as a separate session division and district.
According to this territorial demarcation, the criminal courts of India include the
Supreme Court of India, High Courts, Court of Session in every Session Division and
Courts of Judicial Magistrates in every district.
Classes of criminal courts
Section 6 of the Cr.P.C provides for the classes of criminal courts in every State
apart from the High Courts and the Supreme Court, namely –
Court of Session
Judicial Magistrates of the first class and, Metropolitan Magistrates in any
metropolitan areas
Judicial Magistrates of the second class; and
Executive Magistrates

Hierarchy of Criminal Courts

The hierarchy of the Criminal Courts in India can be understood through the
following chart:

The Supreme Court of India – The Supreme Court of India being the apex court of
India was established under Article 124 of the Constitution of India.
The High Courts – Article 141 of the Constitution of India governs the High Courts
and the High Courts are bound by the judgment of the Apex Court.
Lower Courts of India have been classified as follows:
Metropolitan Courts
Chief Metropolitan Magistrate
First Class Metropolitan Magistrate

District Courts
Sessions Court
First Class Judicial Magistrate
Second Class Judicial Magistrate
Executive Magistrate

Separation of Judiciary from the Executive:

The Code under Section 3(4) separates the judiciary from the executive and states
that, subject to the provisions of the Code:
Judicial Magistrate shall exercise the functions relating to matters in which
appreciation or shifting of evidence is involved or which involve the formulation
of any decision by which any person is exposed to a penalty or punishment or
detention in custody, inquiry or trial.
Executive Magistrate shall exercise the functions regarding the matters which are
executive or administrative in nature, for example, the granting or suspension or
cancellation of a license, withdrawing from prosecution or sanctioning a
prosecution.

Court of Session:
Section 9 of the Cr.PC empowers the State Government to establish the Sessions
Court and such court would be presided over by a Judge appointed by the High Court.
The Additional and Assistant Sessions Judges are also appointed by the High Court
to exercise jurisdiction in the Court of Session. The Sessions Court ordinarily
sits at such place or places as ordered by the High Court, but if in a case, the
Court of Sessions decides to cater to the general convenience of the parties and
witnesses, then, it may, with the consent of the prosecution and the accused
preside its sittings at any other place. As per Section 10 of the Cr.P.C, the
assistant sessions judges are answerable to the sessions judge.
Court of Judicial Magistrate:
Section 11 of the Cr.P.C states that in every district (not being a metropolitan
area), the State Government after consultation with the High Court has the power to
establish courts of Judicial Magistrates of the first and second classes. If the
High Court is of the opinion that it is necessary to confer the powers of a
Judicial Magistrate of the first or second class on any member of the Judicial
Service functioning as a Judge in a civil court, then the High Court shall do the
same.

Chief Judicial Magistrate and Additional Chief Judicial Magistrate:

As per Section 12 of the Code in every district other than metropolitan areas,
Judicial Magistrate of the first class shall be appointed as the Chief Judicial
Magistrate. The High Court is also empowered to designate Judicial Magistrate of
First Class as Additional CJM and by such designation, the Magistrate shall be
empowered to exercise all or any of the powers of a Chief Judicial Magistrate.

Sub-Divisional Judicial Magistrate:

In a sub-division, the judicial magistrate of the first class may be designated as
the Sub-divisional Judicial Magistrate. Such magistrate shall be subordinate to the
Chief Judicial Magistrate and will thus work under its control. Further, the Sub-
divisional Judicial Magistrate shall control and supervise the work of the Judicial
Magistrates (except the Additional CJM) in that subdivision.

Special Judicial Magistrates:

By Section 13 the High Court is empowered to confer upon any person who holds or
has held any post under the Government, the powers conferred or conferrable by or
under this Code on a Judicial Magistrate of first or second class. Such Magistrates
shall be called Special Judicial Magistrate and shall be appointed for a term not
exceeding one year at a time. In relation to any metropolitan area outside the
local jurisdiction of a Special Judicial Magistrate, he may be empowered by the
High Court to exercise the powers of a Metropolitan Magistrate.

Local Jurisdiction of Judicial Magistrate:

According to Section 14, the Chief Judicial Magistrate shall define the local
limits of the areas within which the Magistrates appointed under Section 11 or
under Section 13 may exercise all or any of the powers with which they may be
vested under this Code. The Special Judicial Magistrate may hold its sitting at any
place within the local area for which it is established.
The jurisdiction in case of Juveniles (Section 27)– This section directs that a
juvenile (person below the age of 16) cannot be given a death penalty or a
punishment of imprisonment for life. Chief Judicial Magistrate or any other Court
specially empowered under the Children Act, 1960 (60 of 1960) tries such type of
cases.

Subordination of Judicial Magistrate:

Section 15(1) provides that a Sessions Judge shall be superior to the Chief
Judicial Magistrate and the Chief Judicial Magistrate shall be superior to the
other Judicial Magistrate. This can be clearly understood by the above-mentioned
diagram explaining the hierarchy of courts.

Courts of Metropolitan Magistrate:

They are established in every metropolitan area. The presiding officers shall be
appointed by the High Court. The jurisdiction and powers of such Metropolitan
Magistrates shall extend throughout the metropolitan area. The High Court shall
appoint Metropolitan Magistrate as the Chief Metropolitan Magistrate.

Special Metropolitan Magistrates:

The High Court may confer upon Special Metropolitan Magistrates the powers which a
Metropolitan Magistrate can exercise in respect to particular cases or particular
classes of cases. Such Special Metropolitan Magistrates shall be appointed for such
term, not exceeding one year at a time.
The Special Metropolitan Magistrate may be empowered by the High Court or the State
Government to exercise the powers of a Judicial Magistrate of the first class in
any area outside the metropolitan area.
Subordination of Metropolitan Magistrate
Section 19 of the Code provides that the Sessions Judge shall be superior to the
Additional Chief Metropolitan Magistrate and Chief Metropolitan Magistrate and
other Metropolitan Magistrates shall be subordinate to the CMM.
The Chief Metropolitan Magistrate has the power to give special orders or make
rules regarding the distribution of business among the Metropolitan Magistrates and
allocation of business to an Additional Chief Metropolitan Magistrate.

Executive Magistrate:
As per Section 20, in every district and in every metropolitan area, Executive
Magistrates shall be appointed by the State Government and one of them shall be
appointed as the District Magistrate. An Executive Magistrate shall be appointed as
an Additional District Magistrate and such Magistrate shall have such of the powers
of a District Magistrate under the Code.
As executive magistrates are supposed to execute administrative functions, they
were neither given power to try accused nor pass verdicts. They are mainly
concerned with administrative functions. The executive magistrates have the power
to determine the amount of bail according to the provisions of the warrant issued
against the accused, pass orders restraining people from committing a particular
act or preventing persons from entering an area (Section 144 Cr.P.C), they are the
authority to whom people are taken to when they are arrested outside the local
jurisdiction, the executive magistrates are the only one with the power to disperse
a crowd or an unlawful assembly, further, they are authorized to use force while
doing the same according to the gravity and requirements of the situation.
Executive Magistrates are assisted by the police while executing their functions.
As per Section 21, Special Executive Magistrates shall be appointed by the State
Government for particular areas or for the performance of particular functions.
Local Jurisdiction of the Executive Magistrate:
Section 22 of the CrPC empowers the District Court to define the areas under which
the Executive Magistrates may use all or any of the powers which are exercisable by
them under this code but under some exceptions, the powers and jurisdiction of such
Magistrate shall extend throughout the district.

Subordination of Executive Magistrate:

As per Section 23, the Executive Magistrates would be subordinate to the District
Magistrate however Additional District Magistrate shall not be subordinate to the
District Magistrate. Every Executive Magistrate but, the Sub-divisional Magistrate
shall be subordinate to the Sub-divisional Magistrate.
The executive magistrates shall follow the rules or special orders given by the
district magistrate, regarding the distribution of business among them. The
district magistrate also has the powers to make rules or special orders relating to
the allocation of business to an Additional District Magistrate.

Hierarchy of Executive Magistrate:

Sentences which can be passed by the various courts:
Sentences passed by the High Courts and Sessions Judges (Section 28):
Any sentence which is authorised by law can be passed by the High Court.
A Sessions or Additional Sessions Judge can pass any sentence authorised by law.
But, while passing death sentence prior confirmation from High Court is required.
An Assistant Sessions Judge has the authority to pass any sentence of imprisonment
for more than 10 years other than a death sentence or life imprisonment
Sentences passed by the Magistrates (Section 29) –
The Court of Chief Judicial Magistrate can pass any sentence of imprisonment for
more than seven years but not a death sentence or life imprisonment.
The Judicial Magistrate of first class can pass a sentence of imprisonment for a
term, less than three years, or a fine less than ten thousand rupees or both.
The Judicial Magistrate of second class may pass a sentence of imprisonment for a
term, less than one year, or a fine less than five thousand rupees.
The Chief Metropolitan Magistrate has the same powers as that of a Chief Judicial
Magistrate and of MM, in addition to the powers of the Magistrate of first class.

Conclusion
One of the main constitutional goals is proper administration of justice has to be
in consonance with the expectations of the society. The goal can be achieved if the
citizens living in our country can easily knock the doors of the courts whenever a
dispute arises.
The criminal courts are constituted in such a way that every citizen can access it
for justice. Citizens are also empowered to appeal to higher authorities if they
feel that justice is denied to them by lower courts. Therefore, through this
system, it has become easy for the citizens to approach the Judiciary.