CONSTITUTION AND SUBORDINATION OF THE CRIMINAL COURTS

( Sec. 6 TO 23) AND POWERS OF COURTS (Sec.26-35)

Chapter 2nd Section 6 to 35 of Code of Criminal Procedure deals with the

Constitution of Criminal Courts and their powers.

Section 6 of Cr.P.C provides that in every State there shall be High Court and
besides the High court the following classes of Criminal courts are constituted;

1. Court of Session
2. Judicial Magistrates of First Class and in any metropolitan area, Metropolitan
Magistrate.
3. Judicial Magistrates of the Second Class and
4. Executive Magistrate

Hierarchy Of Criminal Courts

 Supreme Court
 High Court
 Session Court
 Additional Session Judge
 Assistant Session Judge

Metropolitan Area:

 Chief Metropolitan Magistrate

 Metropolitan Magistrate

Other than Metropolitan Area:

 Chief Judicial Magistrate

 Judicial Magistrate First Class
 Judicial Magistrate Second Class

Establishment and Powers Of Supreme Court And High Court

Supreme court of India
The establishment of Supreme Court is given under article 124 of the Constitution
of India and defines its jurisdiction and powers relating to criminal matters. The
Article 134 of the Indian Constitution provides that an appeal shall lie to the
supreme court from any judgment, final order or sentence in a criminal proceeding
of a High Court in the territory of India. record of criminal procedure for the
provision of appeal to the supreme court under certain circumstances in Section
374 and Section 379.

According to Section 374 (1) of the Criminal Procedure Code, any person
convicted on a trial held by a High Court in its extraordinary original criminal
jurisdiction may appeal to the Supreme Court.   According to Section 379 of the
criminal procedure 1973 where the High Court has no appeal, revised an order of
acquittal of an accused person and convicted him and sentenced him to death or to
imprisonment for life or imprisonment for a term of 10 years or more he may
appeal to the supreme court.

 The Supreme Court can also transfer criminal cases from one High Court to
another High Court or from a Criminal Court subordinate to the one High Court to
another Criminal Court of equal or superior jurisdiction subordinate to another
high court in the interest of justice as per Section 406 of The Criminal Procedure
Code.

High Courts:

According to Article 214 of the Indian Constitution, there shall be High Court for
each State. Section 231 of the Indian Constitution provides for the establishment of
a common High Court for two or more states and union territory by parliament
enactment. 
As per Article 227 of the Indian Constitution, every High Court shall have
superintendence over all courts and tribunals throughout the territories in relation
to which it exercises jurisdiction.   As per Section 483 of The criminal procedure
Code every High Court shall so exercise its superintendence over the Courts of
Judicial Magistrate subordinate to it as to ensure that there is an expeditious and
proper disposal of cases by such Magistrates.    According to section 482 of The
Criminal Procedure Code the High Court has inherent power to prevent abuse of
the process of any Court or otherwise to secure the ends of Justice.

According to section 28(1) High Court may pass any sentence authorized by law.
The Criminal procedure Code gives various powers to the High Court including
those relating to reference, appeal, revision and transfer of cases.

Establishment And Powers Of Court Of Session:

The establishment of Court of Session given under section 9 and 10 of Code of
Criminal Procedure. According to section 9 Court of Session established by State
government. The State Government shall establish a Court of Session for every
sessions division and every Court of Session shall be presided over by a Judge, to
be appointed by the High Court.

Appointment of District Judges

According to article 233 of the Constitution of India all district judges shall be
appointed by Governor in consultation with High Court.

Powers of Court of Session:

According to section 28(2) of Code of Criminal Procedure deals with Session

Judge or Additional Session Judge may pass any sentence authorized by law and if
Session Judge or Additional Session Judge pass sentence of death then such
sentence shall be subject to confirmation of High Court.

According to section 28(3) Assistant Session Judge may pass any sentence
authorized by law except the sentence of death, life imprisonment or imprisonment
more than 10 years.

Establishment, Appointment And Powers Of Court Of Judicial Magistrate

Section 11 of Code of Criminal Procedure deals with the establishment of Court of
Judicial Magistrate. According to section 11 Court of Judicial Magistrate
established by state government.

Appointment of Court of Judicial Magistrate:

The appointment of Judicial Magistrate are given under article 234 of the
Constitution of India. According to article 234 all judges other than district judges
shall be appointed by the Governor in consultation with State Public Service
Commission and the High Court. Now according to section 12 of Code of
Criminal Procedure any Judicial Magistrate first Class shall be appointed as Chief
Judicial Magistrate by High Court.

Powers of Court of Judicial Magistrate;

The power of Chief Judicial Magistrate given under section 29(1). According to
section 29(1) Chief Judicial Magistrate may pass any sentence authorized by law
except the sentence of death, life imprisonment and imprisonment more than 7
years.
Section 29(2) of Code of Criminal procedure deals with Judicial Magistrate 1st
class may pass any sentence authorized by law except the sentence of death, life
imprisonment and imprisonment more than 3 years and he may also impose fine
upto Rs.10,000/-

Section 29(3) talks about Judicial Magistrate 2nd Class may pass any sentence
authorized by law except the sentence of death, life imprisonment and
imprisonment more than 1 year and he may also impose fine upto 5,000/-

Establishment, And Powers Of Court Of Metropolitan Magistrate:

The establishment of Court of Metropolitan Magistrate is given under section 16 of

code of Criminal Procedure and according to section 17 any Metropolitan
Magistrate shall be appointed as a Chief Metropolitan Magistrate by High Court.

Powers of Court of Metropolitan Magistrate

According to section 29(4) the Chief Metropolitan Magistrate and Metropolitan
Magistrate shall possess the same power of Chief Judicial Magistrate and Judicial
Magistrate First Class i.e Chief Metropolitan Magistrate may pass sentence of
imprisonment upto 7 years and Metropolitan Magistrate may pass sentence of
imprisonment upto 3 years and fine upto 10,000/-

The powers of Criminal Courts are different but Chief Metropolitan Magistrate
possess the same power of Chief Judicial Magistrate and Metropolitan Magistrate
possess the same power of Judicial Magistrate First Class. We also see a Sessions
Judge or Additional Sessions Judge may pass any sentence but in case of sentence
of death it shall be subject to the confirmation of High Court under section 366 of
the Code of Criminal Procedure.

Power And Function Of Executive Magistrate:

Section 20 of Code of Criminal Procedure deals with Executive Magistrate. In

every district and in every Metropolitan area State Government may appoint the
executive Magistrate and shall appoint one of them to be District Magistrate.
The function of Executive Magistrate is given under section 129,130,131 and 144
in Code of Criminal Procedure, 1973.
 The State Government may appoint any Executive Magistrate to be an Additional
district Magistrate, and such Magistrate shall have all or any of the powers of a
District Magistrate under this Code or under any other law for the time being in
force. The State Government may place an Executive Magistrate in charge of a
sub-division and may relieve him of the charge as occasion requires; and the
Magistrate so placed in charge of a sub-division shall be called the Sub-divisional
Magistrate. Nothing shall preclude the State Government from conferring, under
any law for the time being in force, on a Commissioner of Police, all or any of the
powers of an Executive Magistrate in relation to a metropolitan area.

Special Judicial Magistrates –

According to Section 13 (1) of the code of criminal procedure 1973 The High
Court may, if requested by the Central or State Government so to do, confer upon
any person who holds or has held any post under the Government, all or any of the
powers conferred or conferrable by or under this Code on a Judicial Magistrate of
the second class, in respect to particular cases or to particular classes of cases or to
cases generally, in any district, not being a metropolitan area: Such Special
Magistrate shall be appointed for such term, not exceeding one year at a time, as
the High court may, by genera or special order direct.

******************

o The Supreme Court of India- any sentence authorized by law

o The High Court – any sentence authorized by law

o The Session Judge

( the Session judge, the Addl.Session Judge- any sentence authorised by law but death
sentence must be confirmed by High Court)
! ! !
The Asst.Session Judge The Chief. Metro.Magistrate The Chief.Jud.Magistrate
upto10 years/ fine Rs.10,000/- upto 7 year/fine Rs.10,000/- upto 7 years/ fine Rs.10,000/-
! !
Metropolitan Magistrate Judicial Magistrate I Class
Upto 3 years/ fine of Rs.5000 3 years /fine of Rs.5000/-
!
Judicial Magistrate II Class
1 year / fine of Rs.1000/-
Punishment shall be read as upto and fine upto ___ or both.
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