13.1 Hierarchy of criminal Courts Article 227 of the Constitution of India deals with the power of superintendence over all Courts by the High Court. Article 227 provides that every High Court shall have superintendence over all Courts and Tribunals throughout the territories interrelation to which it exercises jurisdiction. Section 483 provides that every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it so as to ensure that there is an expeditious and proper disposal of cases by such Magistrates. Scanned with CamScanner1.3.2 Classes of criminal Courts Section 6 of the Code of Criminal Procedure, 1973 provides that apart from the Supreme Court and High Courts in every State there shall be classes of Criminal Courts. They are; a. Courts of Session . Judicial Magistrates of the First Class Metropolitan Magistrates in any metropolitan area Judicial Magistrates of the Second Class Executive Magistrates £ Special Executive Magistrate sao 1.3.3 Other classes of criminal Courts As per Section 6 of the Code, the Criminal Courts include Courts constituted under any Law other than this Code. Eg. Children’s Courts under the Juvenile Justice (Care and Protection of Children) Act, 2000, Nyaya Panchayats or Panchayati Adalast under Panchayati Raj Acts or the Special Court established under the Criminal Law Amendment Acts. 1.3.4 Territorial divisions Section 7 of the Code provides that in every State shall be a Sessions Division or shall consist of Sessions Divisions; and every Sessions Division shall be a district or consist of districts. Every metropolitan area shall, for the said purposes, be a separate Sessions Division and district. The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts. 1.3.5 Metropolitan areas Section 8 provides that the State Government may declare any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area. Towns of Bombay, Calcutta, Madras, and the city of Ahmedabad shall be deemed to be declared as metropolitan areas. The State Government may extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million. 1.3.6 Court of Sessions Section 9 provides that the State Government shall establish a Court of Session Scanned with CamScannerfor every Sessions Division. Every Court of Session shall be presided over by a Judge, to be appointed by the High Court. The High Court may also appoint ‘Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session. Section 10 provides that all Assistant Sessions Judges shall be subordinate to the Session Judge in whose Court they exercise jurisdiction. Section 28 of the Code provides that a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. 1.3.7 Courts of Judicial Magistrate Section 11 provides that the State Government may after consultation with the High Court shall establish as many Courts of Judicial Magistrates of the first class and of the second class in every district (not being a metropolitan area). The presiding officers of such Courts shall be appointed by High Court. 1.3.8 Chief Judicial Magistrate Section 12 (1) provides that in every district (not being metropolitan area), the High Court shall appoint Judicial Magistrate of the first class to the Chief Judicial Magistrate. His main function would be to guide, supervise and control other Judicial Magistrates in the district. He would also try important cases. 1.3.9 Additional Chief Judicial Magistrate Section 12 (2) provides that 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 ofa Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct. 1.3.10 Sub-Divisional judicial Magistrate Section 12 (3) provides that the High Court may designate any Judicial Magistrate of the First Class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this Section as occasion requires. 1.3.11 Special Judicial Magistrate Section 13 provides that the High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held Scanned with CamScannerall or any of the powers conferred or agistrate of the first class or any post under the Government to particular classes of conferrable by or under this Code ona Judicial Mé ofthe second class, in respect to particular cases or cases, in any local area, not being a metropolitan area. 1.3.12 Courts of Metropolitan Magistrate Section 16 provides that the State Government may, after consultatio t the High Court shall establish as many Courts of Metropolitan Magistrates in every metropolitan area. The presiding officers of such Courts shall be appointed by the High Court. The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area. n with 1.3.13 Special Metropolitan Magistrate Section 18 provides that the High Court may confer powers of. ‘Metropolitan Magistrate upon any person who holds or has held any post under the Government in respect to particular cases or to particular classes of cases in any metropolitan area within its local jurisdiction. 1.3.14 Executive Magistrate Section 20 provides that 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. There are five classes of Executive Magistrates. They are; District Magistrate Additional District Magistrate Sub-divisional Magistrate Executive Magistrate and Special Executive Magistrate es Bo op Scanned with CamScanner