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Besides the High Courts and the Courts constituted under any law, other than this Code, there
shall be, in every State, the following classes of Criminal Courts, namely;
1. Courts of Session;
2. Judicial Magistrate of the first class and, in any Metropolitan area, Metropolitan
Magistrate;
4. Executive Magistrates.
A Criminal Court is a court that has the jurisdiction and authority to try and punish the
persons accused of committing a crime as per criminal law. Generally, the government files a
case in Criminal Courts against a person who has committed any crime. The reason behind
this is that whenever a crime is committed, it is considered an act against a state and not only
the victim. It is the paramount duty of the state to protect its citizens. Therefore the state
1. Supreme Court.
The Supreme Court of India has the jurisdiction to deal with criminal cases. The Constitution
of India has created this court for each state. Also, the jurisdiction and powers of this court
In addition to this, section 379 of the Criminal Procedure Code provides provisions related to
appeal in the Supreme Court under certain circumstances. And, section 406 of CrPC also
grants the Supreme Court the power to transfer cases and appeals from one High Court to the
2. High Court.
Along with the Supreme Court of India, High Courts are also established for each state by the
Constitution of India. Article 227 of the Indian Constitution provides that except for the court
formed for the armed forces, every High Court must have supervision over all courts and
Further, CrPC imposes a duty on the High Court under section 483 to exercise continuous
control over the courts of Judicial Magistrates subordinate to it. The code has also granted
several powers and duties to the High Court, including those related to appeals and
amendments. The High Court has the power to pass any sentence authorised by law.
3. Sessions Court.
As per section 6 of the Criminal Procedure Code, apart from the Supreme Court, High Court,
and the courts composed under any law, the following courts must be present in every state:
Sessions Court.
area).
Executive Magistrates.
The provisions related to the Court of Session are contained under section 9 of CrPC. It
provides that the state must establish a Court of Session for every Sessions Division, which is
to be governed by a judge. The High Court appoints the judge. The High Court can also
appoint Additional Sessions Judges and Assistant Sessions Judges to govern the Court of
Session.
Further, section 10(1) provides that all Assistant Sessions Judge are subordinate to the
Sessions Judge in whose court they exercise the control. This court does not have the power
Section 29(1) of CrPC provides the sentence that a Court of Session can pass. Accordingly,
the Sessions Judge can give any punishment authorised by law. But it can not
provide punishment for a death sentence, imprisonment for life or imprisonment for a term
The provisions regarding the Courts of Judicial Magistrates are described under sections 11
and 12 of the Criminal Procedure Code. Section 11(1) of CrPC provides that the Court of
Judicial Magistrates of the First Class and the Second Class must be established in such
number and at such places, as the High Court may by notification, specify. The state
government must consult with the High Court. However, these courts are not to be
established in a metropolitan area. The state government can also establish special courts of
Judicial Magistrate of the First Class or the Second Class to attempt any particular case or a
As given in section 11(2) of CrPC, the presiding officers of these courts are appointed by the
High Court. Section 11(3) of CrPC also grants the power to the High Court to direct the
powers of a Judicial Magistrate of the First Class or the Second Class on any member of the
The powers can be granted only when it is necessary. Further, section 12(1) of CrPC provides
that the Judicial Magistrate of the First Class must be appointed as a Chief Judicial
As per section 29(2) of CrPC, the Judicial Magistrate of the First Class can punish an accused
with imprisonment up to 3 years or/and a fine up to Rs 5000. And, as per section 29(3) of
CrPC, the Judicial Magistrate of the Second Class can pass the sentence of imprisonment of
The provisions related to the Court of the Metropolitan Magistrates are described
under section 16 of the Criminal Procedure Code. As per section 16(1), the state government
state government establishes such courts in such numbers and places, as the High Court may
specify.
The officers presiding over the Courts of Metropolitan Magistrates are appointed by the High
Court (section 16(2), CrPC). And, the jurisdiction and powers of these courts are given in
Consequently, these Courts have the jurisdiction and authority over the entire metropolitan
area.
As per section 29(4) of CrPC, the Metropolitan Magistrates can pass sentences in the same
6. Executive Magistrates.
Executive Magistrates are appointed by the state government and are known as Special
Executive Magistrates. The term for the appointment is decided by the state government.
These are appointed either to fulfil special needs of particular areas or for serving particular
According to section 21(1) of CrPC, the local jurisdiction of the Executive Magistrates is
determined by the District Magistrate. However, it is subject to the control of the state
government. Furthermore, section 21(2) provides that if the jurisdiction of the Executive
Magistrates is not defined, the powers and jurisdiction of every such Magistrate extends to
The Executive Magistrates are requested to send the records of the cases whenever the Court