Constitution, Functions, Powers and Jurisdiction of Criminal Courts under Criminal Procedure Code

Q. Discuss the constitution, functions, powers and jurisdiction of criminal courts under criminal procedure code. (2018, 2019, 20 marks)

Q. What are different Courts established under Cr.PC in a district? Write about each one. Also write about their powers.  (2017, 20 marks)

Q. Discuss the Classes of Criminal Court and their Powers and mention sentences which may be passed by them  (2016, 20 marks)


Classes of criminal courts in India (S.6 Chapter XXI of CrPC)

(i) Court of Session

(ii) Judicial Magistrate of the 1st class or Metro Magistrate 

(iii) Judicial Magistrate of the 2nd class

(iv) Executive Magistrates


Structure and power of Criminal courts in India is as follows:

1. High Court.

2. Courts constituted by any law other then this code

3. Court of Session (S.9)

  • Every session division

  • Session Judge, Additional Session Judge (optional)

    • Appointed by High Court

    • Same jurisdiction as HC except death punishment for which need approval from High Court

  • Assistant Session Judge (optional)

    • Appointed by High Court

    • Cannot award Death/ Life/ imprisonment more than 10 yrs

    • Assistant Session Judge is subordinate to Session Judge

4. Court of Judicial Magistrate (S.11)

  • District level court

  • High Court appoints the Judicial Magistrate of 1st class as the Chief Judicial Magistrate

  • There may be as many Judicial Magistrate of 2nd class as required

  • Subordinate to Session Judge

  • Chief Judicial Magistrate/ Additional Chief Judicial Magistrate

    • Can award imprisonment not more than 7 years

    • Special Judicial Magistrate subordinate to Chief Judicial Magistrate for admin purpose

  • Judicial Magistrate of the 1st class

    • Can award up to 3 yearrs of imprisonment or Rs. 10 thousand fine or both

  • Judicial Magistrate of the 2nd class

    • Can award up to 1 year imprisonment or Rs. 5 thousand fine or both

5. Metropolitan Magistrate (in metropolitan areas having population more than 1 million)

  • Same as CJM

6. Executive Magistrate

  • Appointed by State Govt

  • One of them is District Magistrate

  • Appointed Sub Divisional Magistrate

  • All Executive Magistrates are subordinate to the District Magistrate

7. Special Executive Magistrate

  • Subordinate to Executive Magistrates

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