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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