NAME OF COLLEGE-

M.K.E.S COLLEGE OFLAW,

MALAD(W)

NAME - KINNARI BHUTA

ROLL NO – 09

CLASS- TY.LLB ,

SEM -5

SUBJECT- CRPC AND JUVENILE JUSTICE ACT,2015

TOPIC - HIERARCHY OF COURTS - POWERS

JURISDICTION ETC.

SUBMITTED TO – PROFESSOR NIKHIL ROTE

DATE OF SUBMISSION- 15TH OCTOBER,2021.

 ACKNOWLEDGEMENT

In The Accomplishment of this Assignment successfully I, wish to Acknowledge and express

my sincere thanks to Vandana Dube Mam, Principal of the college for providing me with this
wonderful opportunity and with all the necessary facilities.

I would also Thank Professor Nikhil Rote, Lecturer ( Department Of Law) .I am extremely
grateful & indebted to him for his expert, sincere & valuable guidance & encouragement
extended to me for the completion of the assigned task and has served as the major
contributor towards the completion of the assignment and in the academic studies & helped
us to complete the assigned task on time. I am utilizing to thank all the people who have been
concerned with this assignment.
Assignment is like a bridge between theoretical and practical working. I Thank the Almighty
for always supporting and believing my efforts and I am highly oblidged in taking this
opportunity to record our sincere thanks to the faculty members of MKES College Of Law
Malad (w),The Whole Department of Law & the concerned authorities for all their valuable
guidance ,support ,encouragement ,motivation & efforts for the completion of the assignment.

THANKYOU !

KINNARI BHUTA

CLASS – (TY.LLB)
 INDEX

SR.NO PARTICULARS PAGE

NO.

1) INTRODUCTION TO INDIAN JUDICIARY SYSTEM. 4

2) INDIAN CRIMINAL JUSTICE SYSTEM. 5

3) INTRODUCTION OF COURTS IN INDIA UNDER CRPC. 6

4) HIERARCHY OF CRIMINAL COURTS IN INDIA & ITS 7

JURISDICTION UNDER CRPC.

5) POWERS OF THE COURTS UNDER CRPC & CASE LAWS. 21

6) CONCLUSION 25

7) WIBLIOGRAPHY 26
INTRODUCTION TO THE INDIAN JUDICIAL SYSTEM

The Indian judicial system follows the common law system based on recorded judicial
precedents as inherited from the British colonial legacy. The court system of India comprises
the Supreme Court of India, the High Courts and subordinate courts at district, municipal and
village levels. The judiciary was envisaged as the bastion of rights and justice, and Dr. BR
Ambedkar described it as ‘one single integrated judiciary having jurisdiction and providing
remedies in all cases arising under the constitutional law, criminal law or the civil law,
essential to maintain the unity of the country.’

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 legal system is one of the unique features of Indian Constitution. Judiciary in
India acts as the guardian protector of the Constitution and the fundamental rights of the
people. It provides a single integrated system of Courts to administer both Union as well as
state laws.

The role of the courts is to decide cases by determining the relevant facts and the relevant
law, and applying the relevant facts to the relevant law. The Indian Judiciary administers a
common law system in which customs, securities and legislation, all codify the law of the
land. It has, in fact, inherited the legacy of the legal system established by the then colonial
powers and the princely states since the mid-19th century, and has partly retained the
characteristics of practices from the ancient and medieval times.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.
The ‘Indian courts’ is a bouquet of the Courts, Supreme Court and all 21 High Courts and
their Benches in India. It provides a single point access to information related to the Supreme
Court and any High Court in India.
INDEPENDENT INDIAN JUDICIARY
  It means that the other branches of the government, namely, the executive and the
legislature, does not interfere with the judiciary’s functioning.
 The judiciary’s decision is respected and not interfered with by the other organs.
 It also means that judges can perform their duties without fear or favour.
 Independence of the judiciary also does not mean that the judiciary functions arbitrarily
 and without any accountability. It is accountable to the Constitution of the country.

INDIAN CRIMINAL JUSTICE SYSTEM

INTRODUCTION
1) Administration of justice is the most important function of the state. For this purpose our
constitution has set up a hierarchy of courts. The criminal justice system is a system under
which the body of Government is directed at upholding social control, deterring and
mitigating crime, or sanctioning those who violate laws with criminal penalties and
rehabilitation efforts. India, being one of the biggest countries in the world with a fabulous
population has a very strong judiciary system which is inherent with the structure of the
courts and its hierarchy and the judicial system.
2) The Indian criminal justice system believes in reforming the offenders by punishing them
in various manners. The accused of crime always has some protections against abuse of
prosecution powers. Criminal justice systems are very different around the world depending
on the country. Code of Criminal Procedure ,1973 (Crpc) defines the jurisdiction of courts
and offices. Criminal law occupies a pre-dominant place among the agencies of social control
and is regarded as a formidable weapon that the society has forged to protect itself against
anti- social behavior.
3) The laws of criminal procedure are meant to be complementary to criminal law. It is
intended to provide a mechanism for the enforcement of criminal law. The Code of Criminal
Procedure of 1989 was repealed by the Code of 1973 to consolidate and amend the laws
related to Criminal Procedures. It is an Act to strengthen and change the law relating to the
procedure to be followed in apprehending criminals, investigating criminal cases and their
trial before the Criminal Courts. The court structure is set as per the judiciary system
prevailing in India with differentiation of applicability as per the merit of the case.
4 The appointment of the Vohra Committee was the very first attempt towards reforming the
Criminal Justice System in India. Vohra Committee report (1993) made an observation on the
criminalization of politics and of the nexus among criminals, politicians and bureaucrats in
India. In 2000, the government formed a panel headed by Justice V.S. Malimath, the former
Chief Justice of Kerala and Karnataka, to suggest reform in the century-old criminal justice
system. The Malimath Committee submitted its report in 2003 with 158 recommendations
but these were never implemented.
The Committee felt that the existing system “weighed in favour of the accused and did not
adequately focus on justice to the victims of crime.”
5)The Constitution, by Article 227, provides that every High Court shall so exercise
superintendence over all courts and tribunals. It further provides that the High Court shall
exercise its powers judiciously in order.
INTRODUCTION OF COURTS IN INDIA UNDER CRPC
1)The feature Indian judiciary system is its hierarchical structure of courts. There are
different levels of judiciary system in India empowered with distinct type of courts. The
courts are structured with very strong judiciary and hierarchical system as per the powers
bestowed upon them. This system is strong enough to make limitation of court with its
jurisdiction and exercise of the power.
2)The Supreme Court of India is placed at the top of the hierarchical position followed by
High Courts in the regional level and lower courts at micro level with the assignment of
power and exercising of the same for the people of India.
In the entire legal history of the world the Indian Legal System is one of the oldest legal
systems. Indian Legal System has Anglo- Saxon character of Judiciary which is basically
drawn from the British Legal System.
3) The hierarchical structure of court is being endorsed by the Constituency of India with the
level of power exercised by the different level of courts. The judgments can be challenged in
the higher courts if the parties to the cases are not satisfied. The process of escalation is
systematic and thus the system of providing maximum level of satisfaction to the parties is
sincerely tried by the judiciary system.
4) As per the Constitution of India, it is the Fundamental Right of every citizen to have
access to justice. Hence, every person, common or otherwise, has access to the courts.
However, in reality, legal procedures are an expensive affair, most certainly for the poor
section of the society.
5) The courts of India play a crucial role in sustaining the Fundamental Rights as basic as
food. Some years ago, a PIL enabled the Supreme Court to include the ‘Right to Food’ for all
citizens, as a part of ‘Right to life, under Article 21 of the Constitution.
HIERARCHY OF CRIMINAL COURTS IN INDIA
Section 6 of the code specifies various classes of the criminal courts.
The Supreme Court is vested with the appellate jurisdiction regarding criminal matters from
a High Court in some instances as well. The following are the other major criminal courts in
India.
The High Courts
The Courts of Session
The Judicial Magistrates of the First Class, and, in any metropolitan area; the
Metropolitan Magistrates.
The Judicial Magistrates of the Second Class
The Executive Magistrates.

SUPREME COURT
The Supreme Court Of India, being the apex court of India, was established under Article 124
of Part V and Chapter IV of the Constitution of India. The Indian Constitution under Article
124(1) states that there shall be a Supreme Court of India consisting of a Chief justice of
India (CJI) and 34 judges, including the CJI. The Jurisdiction of the Supreme Court of India
can broadly be categorized into original jurisdiction, appellate jurisdiction and advisory
jurisdiction. the Supreme Court of India is the highest and final court of appeal under the
Constitution of India. It is the highest constitutional court. There are 24 High Courts in the
country which regulates the working of the Sessions court. The proceeding of the Supreme
Court is being heard only in the language of English. The Supreme Court is governed by the
Supreme Court Rules which was published in the year 1966.
Article 137 of the Indian Constitution empowers the Supreme Court with the judicial review
through which it can declare any law as void when it is unconstitutional or in derogation with
the Fundamental Rights. According to the members of the Constituent Assembly, “ This is
the organization which will safeguard those fundamental rights which have been given to
every citizen under the Constitution. Therefore, it must be above all obstruction by the
Executive. The Supreme Court is considered as the “watchdog of democracy.”
HISTORY OF SUPREME COURT
Supreme Court of India came into existence on 26th January, 1950 and is located on Tilak
Marg, New Delhi. The Supreme Court of India functioned from the Parliament House till it
moved to the present building. It has a 27.6 metre high dome and a spacious colonnaded
verandah. For a peek inside, you'll have to obtain a visitor's pass from the front office. On the
28th of January, 1950, two days after India became a Sovereign Democratic Republic, the
Supreme Court came into being. The inauguration took place in the Chamber of Princes in
the Parliament building which also housed India's Parliament, consisting of the Council of
States and the House of the People. It was here, in this Chamber of Princes, that the Federal
Court of India had sat for 12 years between 1937 and 1950. This was to be the home of the
Supreme Court for years that were to follow until the Supreme Court acquired its own present
premises. POWERS OF THE SUPREME COURT
1)The Supreme Court has the power to punish for contempt of Court under Articles 129 and
142 of the Constitution the Supreme Court has been vested with power to punish for
contempt of Court including the power to punish for contempt of itself. In case of contempt
other than
the contempt referred to in Rule 2, Part-I of the Rules to Regulate Proceedings for Contempt
of the Supreme Court, 1975, the Court may take action (a) Suo motu, or (b) on a petition
made by Attorney General, or Solicitor General, or (c) on a petition made by any person, and
in the case of a criminal contempt with the consent in writing of the Attorney General or the
Solicitor General.

2)The power of Judicial Review is given to the Supreme Court under Article 32 and Article
136 of the Indian Constitution. They have the power to examine the legislative enactments
and executive orders whether they are consistent with the provisions of the Constitution or
not.

3)Supreme Court is a deciding authority in the election of the President and the Vice
President and enquiring authority in conduct and behaviour of Union Public Service
Commission (UPSC) members.

4)Article 134 of the Indian Constitution empowers the Supreme Court to withdraw the cases
from the High Court &dispose of them themselves.

5)APPOINTMENT OF ACTING CHIEF JUSTICE -Article 126 of the Indian Constitution

states that when the office of the Chief Justice of India is vacant or when the Chief Justice is
by reason of absence or otherwise unable to perform his duties of the office, then the
President of India may appoint a judge of the Supreme Court to dispense the duties of the
office.

6)APPOINTMENT OF AD HOC JUDGES - Article 127 of the Indian Constitution states that
the Chief Justice of India can appoint a judge of High Court as an ad hoc judge in the
Supreme Court with the consent of the President if at any time there is a lack of quorum of
judges in the Supreme Court.

7)APPOINTMENT OF RETIRED JUDGES OF THE SUPREME COURT OR HIGH COURT

-Article 128 of the Indian Constitution states that the Chief Justice of India at any time with
the prior consent of the President and the person to be so appointed can appoint any person
who had previously held the office of a judge of the Supreme Court.

8)The Supreme Court has the power of revisory jurisdiction under Article 137 of the Indian
Constitution through which Supreme Court can review its judgements & to examine the
constitutionality of legislative enactments and executive orders. There are two grounds on
which a review is permitted. They are as follows:
If there has been an apparent error on the face of record leading to the perversity of
judgement, or If new evidence has been uncovered which was not available earlier despite the
best attempt by the party or out of no fault of the party.
9)POWER TO PUNISH FOR CONTEMPT -Power to punish for contempt (civil or criminal)
of court with simple imprisonment for 6 months or fine up to Rs. 2000. Civil contempt means
willful disobedience to any judgment. Criminal contempt means doing any act which lowers
the authority of the court or causing interference in judicial proceedings.

10) SUPREME COURT AS A COURT OF RECORD- The Supreme Court is a court of

record as its decisions are of evidentiary value and cannot be questioned in any court.

11) CUSTODIAN OF THE CONSTITUTION - Only the Supreme has the power to hear and
decide the issues related to the Constitution, and only the Supreme Court can interpret the
Constitution if any question arises of Interpretation.

JURISDICTION OF SUPREME COURT

The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original
jurisdiction extends to any dispute between the Government of India and one or more States
or between the Government of India and any State or States on one side and one or more
States on the other or between two or more States, if and in so far as the dispute involves any
question (whether of law or of fact) on which the existence or extent of a legal right depends.
In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the
Supreme Court in regard to enforcement of Fundamental Rights. Under Article 139 It is
empowered to issue directions, orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari to enforce them. The Supreme Court has
been conferred with power to direct transfer of any civil or criminal case from one State High
Court to another State High Court or from a Court subordinate to another State High Court.
The Supreme Court, if satisfied that cases involving the same or substantially the same
questions of law are pending before it and one or more High Courts or before two or more
High Courts and that such questions are substantial questions of general importance, may
withdraw a case or cases pending before the High Court or High Courts and dispose of all
such cases itself. Under the Arbitration and Conciliation Act, 1996, International Commercial
Arbitration can also be initiated in the Supreme Court.
APPELLATE JURISDICTION - The appellate jurisdiction of the Supreme Court can be
invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or
134 of the Constitution in respect of any judgement, decree or final order of a High Court in
both civil and criminal cases, involving substantial questions of law as to the interpretation of
the Constitution.

Article 135: Jurisdiction and powers of the Federal Court under existing law to be
exercisable by the Supreme Court until Parliament by law otherwise provides, the Supreme
Court shall also have jurisdiction and powers with respect to any matter to which the
provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to
that matter were exercisable by the Federal Court immediately before the commencement of
this Constitution under any existing law.

Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies :
(a) that the case involves a substantial question of law of general importance, and (b) that, in
the opinion of the High Court, the said question needs to be decided by the Supreme Court. In
criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal
reversed an order of acquittal of an accused person and sentenced him to death or to
imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial
before itself any case from any Court subordinate to its authority and has in such trial
convicted the accused and sentenced him to death or to imprisonment for life or for a period
of not less than 10 years, or
(c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is
authorized to confer on the Supreme Court any further powers to entertain and hear appeals
from any judgement, final order or sentence in a criminal proceeding of a High Court.

The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals
in India in as much as it may, in its discretion, grant special leave to appeal under Article 136
of the Constitution from any judgment, decree, determination, sentence or order in any cause
or matter passed or made by any Court or Tribunal in the territory of India.

ARTICLE 140 : ANCILLARY POWERS OF SUPREME COURT - Parliament may by

law make provision for conferring upon the Supreme Court such supplemental powers not
inconsistent with any of the provisions of this Constitution as may appear to be necessary or
desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction
conferred upon it by or under this Constitution.
ADVISORY JURISDICTION
The Supreme Court has special advisory jurisdiction in matters which may specifically be
referred to it by the President of India under Article 143 of the Constitution.

APPEAL - There are provisions for reference or appeal to this Court under Article 317(1) of
the Constitution, Section 257 of the Income Tax Act, 1961, Section 7(2) of the Monopolies
and Restrictive Trade Practices Act, 1969, Section 130-A of the Customs Act, 1962, Section
35-H of the Central Excises and Salt Act, 1944 and Section 82C of the Gold (Control) Act,
1968. Appeals also lie to the Supreme Court under the Representation of the People Act,
1951,Monopolies and Restrictive Trade Practices Act, 1969, Advocates Act, 1961, Contempt
of Courts Act, 1971, Customs Act, 1962, Central Excises and Salt Act, 1944, Enlargement of
Criminal Appellate Jurisdiction Act, 1970, Trial of Offences Relating to Transactions in
Securities Act, 1992, Terrorist and Disruptive Activities (Prevention) Act, 1987 and
Consumer Protection Act, 1986. Election Petitions under Part III of the Presidential and
VicePresidential Elections Act, 1952 are also filed directly in the Supreme Court.

THE HIGH COURT OF INDIA

INTRODUCTION OF HIGH COURT

High courts are considered as the highest courts in the state. Currently there are about
25 high courts in India, with some states having a common high court. In India the
1st high court was established in 1862 as the ‘high court of judicature’ in Calcutta .
The number of judges in the high court can vary from one state to another. In India,
Allahabad high court is the biggest of all others. The main function of the high
court are to interpret and apply the law of Australia, to decide cases of special
federal significance including challenges to the constitutional validity of laws and
to hear appeals by special leave, from federal, state and territory courts. The high
courts of Bombay, Madras and Calcutta were established by the Indian High Courts
Act,1861.

CONSTITUTIONAL STATUS - Article 214 – 231 of the Indian constitution deals

with the provisions of the high courts in the state. Whereas, article 214 deals with
the establishment of the high courts in each state. They talk about powers,
functions, organizations and appointment of judges of the high courts in the state.
The high court consists of a chief justice and some other judges who are appointed
by the president and there is no fixed limit for the maximum number of judges for
the high courts.

1)POWERS OF THE HIGH COURT

According to Article 231 of the Indian constitution ‘The parliament can also provide for the
establishment of one high court for two or more states’,For example: Haryana, Punjab and the union
territory of Chandigarh have a common high court. In addition to this Tamilnadu shares a high court
with Puducherry.
2) HIGH COURT AS A COURT OF RECORD
High courts can also be performed as a court of record similar to the supreme court and these records
of the judgements can be used by the sub-ordinate courts for references and to decide upon certain
cases. All high courts inn India has the power to punish if there is any cases of contempt of court.
3) ADMINISTRATIVE POWERS
The high courts in state has the power to superintend and control all the subordinate courts and it can
also seek information regarding the proceedings of the subordinate courts.
It has the power to transfer any case from one court to another and it can transfer the case to itself and
decide on it. It issues all rules and framework regarding the working of the subordinate courts and
enquires into the documents of any subordinate courts. It can appoint its administration staff and
determine their salaries, allowances and conditions of the work.
4) POWER OF JUDICIAL REVIEW
All high courts has vested with the power of judicial review and they can review any cases within the
state and declare it has void if it seems to be unconstitutional
5) POWER OF CERTIFICATION
The high courts alone has the power to certify the cases whether it is fit foe appeal to the supreme
court. If seems to b unfit it can deny giving appeal to the supreme court.
6) CONSTITUTIONAL STATUS -Under Article 226 of the Indian Constitution, a person can directly
file a petition in the High Court in case of infringement of the Fundamental Rights. Election-related
cases or marriage/divorce related cases can be directly filed in the High Court.
7) The High Court has the power to give punishment for the contempt of the Court. The High Court
has the power to review the cases of the lower Court and give its judgement accordingly.

JURISDICTION OF HIGH COURT

Article 225 deals with the jurisdiction of existing high court. There are different kinds of
jurisdiction of the high courts which are given as below:

ORIGINAL JURISDICTION:
1)The high courts of madras, Bombay and Calcutta have their original jurisdiction in both
criminal and civil cases arising within those cities.
2)These high court rights can hear civil cases which involve property value over Rs.20000
and it is considered as the most exclusive rights.
3)They are empowered to issue writs in order to protect or enforce fundamental rights and
also all high courts have their original jurisdiction in cases that are related to will, divorce,
contempt of court and admiralty.
4)They are also entitled to hear the election petitions.

APPELLATE JURISDICTION:

1) In Civil cases, an appeal can be made to the high court against any decisions of the district
and the appeal can also be made from the subordinate court directly which involves the value
higher than Rs.5000 or on a question of law or fact.

2) In Criminal cases, the appeals can be made against the decisions of the sessions and
additional sessions judges. The appeals can be made if the sessions judge has awarded
imprisonment for 7 or more years and has been given capital punishment. Here, the
jurisdiction extends to all cases under state or federal laws.

WRIT JURISDICTION:
1) Article 226 of the Indian constitution deals with the power of the High courts to issue
certain writs. Accordingly, the High courts can exercise his writ power within its jurisdiction
and it can issue writs to any person or authority within those territories.
2) The writs includes Habeas corpus, mandamus, prohibition, quo warranto and certiorari or
any of them. The High court can issue writs to enforce certain rights mentioned under part 3
and for any other purpose.

HABEAS CORPUS
1) The word habeas corpus is derived from latin term ‘To have the body of’ which means to
bring the body of the latter before the court.
2) This writ is used to prevent the fundamental rights of the individual conferred under part 3
of the Indian constitution.
3) The high court or supreme court can issue this writ against any public or private authority,
who arrested another person if the detention of a person is found to be unlawful.

MANDAMUS
1) The literal meaning of mandamus is ‘To command’.
2) It is used against the public official to direct them to do their duty who has failed to
perform. 3)This writ of mandamus cannot be issued against private person, president,
governor or chief justice of the high court.

PROHIBITION
1) The word prohibition is ‘ To forbid’.
2) A court that is higher in position can issue this writ to the lower courts within its
jurisdiction. 3)It is issued to prevent the latter from exceeding its jurisdiction or usurping a
jurisdiction that is doesn’t possess.
CERTIORARI
1) The literal meaning of the word certiorari means ‘ to be informed’.
2) It is issued by the court higher in authority to the lower or tribunal courts ordering them
either to transfer a pending case with them to itself or squash their order in a case.
3) It is issued on the grounds of an excess of jurisdiction or lack of jurisdiction or error of
law. 4)It not only prevents but also cures the mistakes made in the judiciary.
QUO-WARRANTO
1) It means ‘ By what authority or warrant’.
2) Supreme court or high court can issues this writ to prevent illegal usurpation of a
public office by a person.
3) Through this, the curt enquires into the legality of a claim of a person to a public office.

SESSION COURT
( DISTRICT COURT)
Section 7(1) of Criminal Procedure Code 1973 states that “The State Government shall
establish a Court of Session for every session’s division. The lowest court of appeal in the
hierarchy of Criminal Court is the Court of sessions where the sessions judge conducted the
trial. The judge of the Sessions court is appointed by the High Court. In the hierarchy
Sessions court is followed by Judicial Magistrate Class I and then judicial magistrate of Class
II. In metropolitan areas, it is followed by Chief Metropolitan Magistrate and metropolitan
magistrate. An Executive Magistrate is one of the classes of courts only while performing
judicial functions.
Section 9 of Criminal Procedure Code 1973 talks about the establishment of the Sessions
Court. The State Government establishes the Sessions Court which has to be presided by a
Judge appointed by the High Court. The High Court appoints Additional as well as Assistant
Sessions Judges. The Court of Sessions ordinarily sits at such place or places as ordered by
the High Court. But in any particular case, if the Court of Session is of the opinion that it will
have to cater to the convenience of the parties and witnesses, it shall preside its sittings at any
other place, after the consent of the prosecution and the accused. According to section 10 of
the Cr.P.C, the assistant sessions judges are answerable to the sessions judge.
JURISDICTION OF THE SESSION COURTS
In India, there are district courts under different State governments for each district or one or
more districts together considering the number of cases, population distribution in the district.
These district courts administer justice at a district level. At the district level, the District
Judge or Additional District judge exercises jurisdiction both on the 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 about civil
courts. On the criminal side, jurisdiction is exclusively derived from the criminal procedure
code, 1973. As per this code, the maximum sentence a Sessions Judge may award to a
convict is capital punishment. This Court deals with cases related to theft, murders, dacoity
etc. Session Court is empowered to provide a sentence of death and can impose fines for a
criminal offence.

JUDICIAL MAGISTRATES
The judiciary refers to a constitutional body which protects the rights and interests of citizens.
This is the ultimate authority which elucidates the legal matters and constitutional
arrangements. Judiciary, therefore, plays a crucial role in enacting laws and making decisions
on disputes between citizens, states and other parties. Courts not only maintain law and order
in the country but also protect the rights of the citizens. The heads of the Supreme Court,
High Court and other subordinate courts are termed as judges. Hence, there is a clear
difference between judges and magistrates as the power of magistrate is relatively less than
the judge. The magistrate is usually assigned a district or a city. Judicial Magistrates are
appointed and controlled by the High Court and discharge judicial functions.
JUDICIAL MAGISTRATE OF THE FIRST CLASS
A Category with judicial powers are called Magistrate of first Class. District magistrates as
Magistrates of First Class. Judicial Magistrates are appointed and controlled by the High
Court and discharge judicial functions.
Under section 11 (3) of the Code of Criminal Procedure, 1973, the High Court may confer
the powers of the judicial magistrate of the First Class or the Second Class on any member of
the Judicial Service of the State, functioning as a Judge in a Civil Court.
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 a 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 MAGISTRATE
SECTION 13 - 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 conferred 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

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) can not 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.
COURT OF METROPOLITAN MAGISTRATES
Section 16 of the Code of Criminal Procedure, 1973 provides that in every metropolitan area,
there shall be established as many Courts of Metropolitan Magistrates, and at such places, as
the State Government may, after consultation with the High Court, by notification, specify.
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.
CHIEF JUDICIAL MAGISTRATE
As per Section 17 of the Code, the High Court shall, in relation to every metropolitan area
within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan
Magistrate for such metropolitan area. The High Court may appoint any Metropolitan
Magistrate to be an additional Chief Metropolitan Magistrate, such Magistrate shall have all
or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other
law for the time being in force, as the High Court may direct.
SECTION 18 – Under Cr.P.C, 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
Metropolitan Magistrate, in respect to particular cases or to particular classes of cases in any
metropolitan area within its local jurisdiction. However, no such power shall be conferred on
a person unless he possesses such qualification or experience in relation to legal affairs as the
High Court may, by rules, specify. Such Magistrates shall be called special Metropolitan
Magistrates and shall be appointed for such term, not exceeding one year at a time, as the
High Court may, by general or special order, direct. The High Court or the State Government,
as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any
local area outside the metropolitan area, the powers of a Judicial Magistrate of the First Class.
SECTION 19 –Under this section the Chief Metropolitan Magistrate and every Additional
Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge and every other
Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be
subordinate to the Chief Metropolitan Magistrate. The section empowers the High Court to
define the extention of subordination, if any, of the Additional Chief Metropolitan Magistrate
to the Chief Metropolitan Magistrate. It is for the latter to make rules for the distribution of
business amongst the Metropolitan Magistrates and for the allocation of business to an
Additional Chief Metropolitan Magistrate.
EXECUTIVE MAGISTRATE

SECTION 20 – Under this section, 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.
POWERS OF THE EXECUTIVE MAGISTARTE
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.
SECTION 21 of the Cr.P.C, 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 - This section empowered the District Court, which is subjected to the
control of the State Government, that it can draw the local limits of the areas under which the
Executive Magistrates may use all or any of the powers with which they may be endowed
under this code but there are exceptions when 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. The courts in which offences

are triable. POWERS OF THE COURT

Section 26 of CrPC describes by which courts the offences are triable. Under IPC any offences
can be tried by the High Court, Court of Sessions and any other court which is specified in
the first schedule. As per the Criminal Law Amendment Act, 2013 Section 11 states that any
offences under Section 376, Section376A, Section 376B, Section 376C, Section 376D and
Section 376E of IPC should be tried by a court where it is presided by a woman judge. And
any offence under any other law can be tried in any court that mentioned in such law and if
no court is mentioned in the law, it may be tried by the High Court, any other Court which
specifies in the schedule.

JURISDICTION OF THE JUVENILE CASES

Section 27 of Code states that any person who is below the age of sixteen years is considered
to be juveniles. The offence committed by a juvenile is tried by the Court of Chief Judicial
Magistrate or by the Court which empowered by the Children Act,1960(60 of 1960) or any
other for the time being in force relating in youthful offenders.
PRESENT JUVENILE JUSTICE SYSTEM
The Introduction of “Juvenile Justice(Care and Protection)2015 Act” brought changes in the
juvenile under the age of 16 to 18 years tried to be an adult. Trial of the juveniles for the
committing of offences should be based on the non-penal treatments by sending them to
Special homes and the Rehabilitation centres. The juveniles should get a chance of
reformation instead of ordering the judgement for punishing by the Court. And the juveniles
should not be tried in courts, they must be corrected for their offence.
SENTENCES THAT HIGH COURT AND SESSIONS JUDGES MAY PASSES
The High Court is empowered to pass any sentence that is authorized by law.
CASE LAW -In Onkar Nath v. Emperor, it was held that Section 27(1) does not mean that
High Court may pass any sentence but its power to pass any sentence as an appellate court
must
be measured by the power of Court from which the judgement of appeal have brought before
it. The Sessions Judge and the Additional Sessions Judge can pass any sentence that is
authorized by law, for the passing of death sentence the prior confirmation of High Court is
necessary. An Assistant Sessions Judge may pass a sentence which is authorized by law, but
they cannot pass the death sentence, life imprisonment and also imprisonment for 10years or
more.
POWER OF MAGISTRATE TO PASS SENTENCES
The Court under this section may pass within its discretion sentence for any period within the
maximum it has the power to pass. The Chief Judicial Magistrate may pass any sentence
authorized by law, except the death sentence, life imprisonment and imprisonment for more
than seven years.
CASE LAW - In the case Saroop Kumar v. the State of H.P it was held that a Chief Judicial
Magistrate cannot exercise the power available to him when he presides in a children’s court.
A Magistrate of the first class can pass sentence of imprisonment for a term not exceeding
three years and fine. The Court of Magistrate of Second Class can also pass sentence of
imprisonment not exceeding one year and a fine of five thousand rupees. The Court of Chief
Metropolitan Magistrate shall have the same powers of Chief Judicial Magistrate,
Metropolitan Magistrate and that of a First Class Magistrate Judge.
IMPRISONMENT IN DEFAULT OF FINE
If the accused fails to pay the fine imposed to him, then he can be imprisoned for a further
term. This section provides the limit of the sentence that can be awarded in default of
payment of a fine. The power of Magistrate to award fine are limited under Section 29.
CASE LAW - In Bashiruddin Ashraaf v. the State of Bihar[vii] it was held that, where the
offence is punishable by fine only, then it cannot provide for imprisonment in default of
payment of fine, the imposition of simple imprisonment for such default is justified under
Section 30.
CASES OF CONVICTION OF SEVERAL OFFENCES AT ONE TRIAL
Under Section 31, if the person is convicted for two or more offences at one trial, the court
can provide separate punishments. Section 31(1)the court can order different sentences that
runs concurrently. In the case of succeeding sentences, the court doesn’t have to send the
offender before the High Court. The Court itself can pass sentence for without exceeding the
term of fourteen years and the aggregate punishment not exceeding the fine limit of the
Court. And for appeal in aggregate punishment is assumed as a single sentence.
CONFERRING POWERS
The High Courts and the State Government can give powers on the person in particular of
their offices or classes of officials by the official labels. And every such order is considered
as to be effective from the date of appointment of such persons.
In Prem Nath v. the State of Rajasthan, held that the High Court or State Government is
competent to award additional powers upon any person.
THE POWER TO WITHDRAWAL
Section 34 of Code states that the high court and the state government have the power to
withdraw the power which awarded on a person or any officer subordinate to it. Also, the
Chief Judicial Magistrate or District Magistrate can withdraw power that given to any person
or an officer.
SUCCESSORS IN OFFICE
Section 35 provides the power to Judge and Magistrate to exercise or perform by his
successor in office. The Sessions Judge can establish by writing an order to consider a judge
as successor in office of Additional Sessions Judge pr Assistant Sessions Judge. The Chief
Judicial Magistrate or the District Magistrate also provided with the same power to write an
order to consider a Magistrate as successor in office. And this power can be used only if there
a doubt arises.

BOMBAY HIGH
COURT
 CONCLUSION
 This hierarchy of the court is necessary for the easy functioning of the judiciary in a
country like India, where there are millions of cases pending before the court, to
ensure speedy justice to the citizens.

 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. Every day a lot
of disputes were raised, so proper hierarchy of courts and their jurisdiction should be
properly defined to deal with such disputes.

 Over the years though we may encounter some issues in it. These issues could be
resolved over time with appropriate legislations and rules and could not be regarded
as an impediment to the proper functioning of Indian judiciary.

 Apart from Supreme Court, High Court, and Subordinate Courts, Tribunals are
another form of justice rendering institutions, however, these are not ‘courts’ per se,
and have specific, predefined jurisdiction. Tribunals hold jurisdiction in
administrative and service matters. Therefore, there are separate Administrative
Tribunals. The subject matter of tribunals includes recruitment of persons appointed
to public services in Union, State and Local Authorities, or any corporation owned
and controlled by the Government. Moreover, they may deal in matters of taxes,
foreign exchange, labor disputes, land reforms, the ceiling of urban property, rent and
tenancy issues, etc.
WEBLIOGRAPHY - https://lawtimesjournal.in/hierarchy-of-criminal-courts-in-india/
https://blog.ipleaders.in/courts-justice-system-india/
https://www.legalbites.in/constitution-of-criminal-courts/

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