CRIMINAL COURTS

M S Upadhye IPS (R)

Chief Security Commissioner
DMRC
 CRIMINAL COURT
 Classes of Criminal Courts in States/ UTs.
 Court of Session

 Judicial Magistrate First Class (JMFC/JMIS) or Metropolitan Magistrate

(MM) in Metropolitan Area.

 Judicial Magistrate Second Class

 Executive Magistrates (DM/ADM/SDM)

 One Session’s court for each District/ one or more districts.

 Metropolitan area be a separate Sessions divisions and district.
 Metropolitan area .
 City or Town having population of 10 lacs or more.
 Issue of notification by State Government.
 Chief Judicial/ Metropolitan Magistrate and Addl. CJM & Addl. CMM.
 Appointment by the High Court.
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 Special Judicial/Metropolitan Magistrate.
 High Court to appoint persons having such qualifications & experience

as by rules specified.
 Maximum duration 1 year.

 Jurisdiction to be specified by High Court.

 Executive Magistrates.
 Appointment by State Government

 Indian Administrative Services (IAS)

 State Administrative Services (HCS)
 District Magistrate in charge of a district

 Sub Divisional Magistrate in charge of sub division.

 Transfer & postings done by State government.

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 Special Executive Magistrate.
 State High Court to appoint

 For special purpose & duration.

 Conferresemt of powers of Executive Magistrates.

 Qualification/ experience as prescribed

 Public Prosecutors : Conducting prosecution appeal etc.

 High Courts

 Central / State Government in consultation with the High Court to

appoint a public prosecutor & one or more Additional Public
Prosecutor.
 District Courts.

 Central Govt. may appoint one or more prosecutors for conducting

any case or class of cases in any local area.
 State Government shall appoint for every district Public Prosecutor
or Additional Public Prosecutor.
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 District Magistrate in consultation with sessions Judge to prepare a
panel of names of persons who in his opinion are fit to be
appointed as Public Prosecutor or Additional Public Prosecutor for
the district.
 In States having a cadre of prosecuting officers, State Government
shall appoint Public Prosecutor or Additional public prosecutor only
from among the persons constituting such cader.
 State Govt. also empowered to appoint any one from the panel
prepared by District Magistrate to work as Public Prosecutor or
Additional Public Prosecutor in special circumstances.
 Eligibility for appointment
 Minimum 7 years of practice as an Advocate.

 Court may permit the victim to engage an Advocate of his choice to assist
prosecution.
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 Assistant public Prosecutor
 Central/ State Government empowered appoint Asistant Public

Prosecutors for conduction prosecutions in the court of Magistrates.

 No police officer shall be appointed as Assistant Public Prosecutor except

District Magistrate may appoint any other persons including Police

Officer when no Prosecutor is available, who
 Is not below the rank of Inspector
 Has not taken any part in the investigation of offence with respect to
which the accused is being prosecuted.
 Director of prosecution
 State Government to establish Directorate of Prosecution.

 District Magistrate in consultation with Sessions Judge prepare a panel of

names of persons who in his opinion are fit to be appointed as Public

Prosecutor or Additional Public Prosecutor for the district.
 CRIMINAL COURT
 In States having a cadre of prosecuting officers, State Government shall
appoint Public Prosecutor or Additional Public Prosecutor only from among
the persons constituting such cadres.
 State Govt. also empowered any one from the panel prepared by District
Magistrate to work as Public Prosecutor or Additional Public Prosecutor in
special circumstances.
 Eligibility for appointment
 Minimum 7 years of practice as an advocate

 Directorate of prosecution casting or

Directorate of prosecution 10 years of practicing as an advocate and in

concurrence of chief justice of the High court Director of prosecution to
head the prosecution wing of state under the administrative control of
home department of the state .
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 Advocate general in not subordinate to Director of Prosecution.
 Power of courts to try offences under Indian Penal Code
 Any offences can be tried by
 High court
 Court of session
 Any other court by which the offence is shown triable as mentioned
in first schedule of CrPC 1973.
 Offences against modesty of woman (Rape etc) shall be tried as far as
possible by a court presided over by female Judge.
 An offence under any other law can be tried by any court as mentioned
in that law and if no court is specified by
 The High court
 Any other court by which such offence is shown triable as mentioned
in first schedule.
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 Jurisdiction in case of Juveniles.
 Any offence
 Not-punishable with death or imprisonment for life Committed by a person
under the age of 18 years
 Shall be tried by the court of chief Judicial Magistrate or any other magistrate
empowered under Juvenile Justice Act wh[ch provides for
 Treatment
 Training and
 Rehabilitation of the youthful offenders.
 High court may pass any sentence authorized by the law.
 Sessions Judge /Addl. Sessions Judge may also pass any sentence authorized
by the law . Sentence of death shall be subject to confirmation by High court.
 Assistant serious judge may pass any sentence authorized by law except
sentence ofdeath or imprisonment for life or imprisonment for a term
exceeding 10 years.
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 Court of magistrate of First Class/ Metropolitan magistrate may pass a sentence of
imprisonment for term not exceeding 3years and fine not exceeding Rs 10000 /both
 Court of Chief judicial/Metropolitan magistrate may pass a sentence of
imprisonment not exceeding seven years.
 Court of Second Class Magistrate may pass a sentence of imprisonment for a term
not exceeding one year or fine not exceeding Rs 500 or both.
 Directorate of Prosecution consisting of Director of Prosecution and as mant Deputy
Directors of Prosecution to be established by the State Government.
 Appo[ntment of Director of Prosecution 10 years of practicing as an advocate and
in concurrence of Chief Justice of the High court.
 Director of prosecution to head the prosecution wing of State under the
administrative control of the Department of Home of the State.
 All Deputy Directors and Public Prosecutors / Additional Public Prosecutors /Special
Prosecutors appointed by State Government to conduct cases in High Court shall be
subordinate to Director of Prosecution.
 Every Public/Special/Additional Public Prosecutor appo[nted to conduct cases in
District Courts shall be subordinate to Deputy Director of Prosrcution.
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 Sentence of imprisonment in default of fine.
 Not exceeding powers of Magistrate.
 Not exceeding ¼ of the term which Magistrate is competent to inflict.
 Imprisonment as mentioned above shall be in addition to the substantive
sentence of imprisonment as awarded by the Magistrate.

 Sentence in conviction of several offences at one trial.

 Concurrent punishment for all offences.
 Conscitive punishment for an individual offence.
 Maximum sentence no longer than 14 years.
 Total punishment shall not exceed twice the amount of punishment which
the court is competent to inflict for a single offence.
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