Introduction

The judicial system in India is one of the most efficient judicial systems in the world and it has
been established in such a way so that it caters to the need of every person in the country. The
Indian Judiciary is well established with quite a lengthy and complex hierarchy of courts. The
judicial system is in the form of a pyramid, with the Apex Court being at the top of the hierarchy. 
The courts have been created in such a manner that even a person from a remote area can
approach the courts to get their disputes resolved.

Functionaries under the CrPC

The functionaries which are empowered to exercise the powers and discharge duties under the
Code of Criminal Code, 1973 are the police, prosecutors, and courts, Defence Council, Prison
Authority and Correctional Services. Amongst these the role of Magistrates and Court is pivotal
while others are in a way accessories to it.

SECTION 11 - COURTS OF JUDICIAL MAGISTRATES

(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:
Provided that the State Government may, after consultation with the High Court, establish, for any
local area, one or more Special Courts of Judicial Magistrate of the first class or of the second class
to try any particular case or particular class of cases, and where any such Special Court is
established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or
class of cases for the trial of which such Special Court of Judicial Magistrate has been established. 

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

(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers
of a Judicial Magistrate of the first class or of the second class on any member of the Judicial
Service of the State, functioning as a Judge in a Civil Court.

Courts of Judicial Magistrate of First Class

Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court
structure in India. According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a
Court of Judicial Magistrate of First Class may be established by the State Government in
consultation with the High Court of the respective state at such places in the district and in any
number by a notification.

According to Section 15 of the CrPc, a judicial magistrate is under the general control of

the Sessions Judge and is subordinate to the Chief Judicial Magistrate. 
According to Section 29 of the CrPc., a Judicial Magistrate of First Class may pass a sentence of
imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees
or of both. 

Courts of Judicial Magistrate of Second Class

Courts of Judicial Magistrate of Second Class are at the lowest hierarchy of the Criminal Court
structure in India. According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a
Court of Judicial Magistrate of Second Class may be established by the State Government in
consultation with the High Court of the respective state at such places in the district and in any
number by a notification.

According to Section 29(3) of the CrPC., a Judicial Magistrate of Second Class may pass a sentence
of imprisonment for a term not exceeding one year, or of fine not exceeding Five thousand
(in madhya pradesh 25 thousand) rupees, or of both.

A Judicial Magistrate of Second Class cannot entertain a Prayer for Police Remand while hearing
for police files. If the police remand prayer is received, the same must be kept reserved and the
case record must immediately be sent to Judicial Magistrate 1st Class.

A Judicial Magistrate can try such offences which is triable by either "Any Magistrate" or "Judicial
Magistrate 2nd Class" as enshrined in the Schedule I & II of the CrPC.

Generally, the post for Judicial Magistrate 2nd Class is to be held for 6 months by the newly
inducted officers unless the concerned Hon'ble High Court of a State pleased to seem fit to reduce
or increase the time period of 6 months.

A production Warrant issued by a Judicial Magistrate 2nd Class must be countersigned by the Chief
Judicial Magistrate as per Section 267 CrPC

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. 

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.