Criminal courts play a crucial role in the justice system by handling cases related to criminal offenses. These courts are structured into various classes based on their jurisdiction, authority, and the severity of cases they handle. Understanding the different classes of criminal courts helps in comprehending how justice is administered in criminal matters.
Criminal Courts Under Code Of Criminal Procedure 1898
Section 6 – 45
This chapter of CrPC prescribes, the classification of criminal courts and its powers. It also specifies the maximum limit of punishment which may be awarded buy these courts.
This chapter also prescribes, the special kind of jurisdiction and general powers of such courts (miscellaneous jurisdiction).
Classification of Criminal Courts:
There are 3 classes of criminal courts under CrPC.
- Court of Magistrates.
- Court of Sessions.
- High Court as criminal courts.
Court of Magistrates:
Following are the kinds of magistrate under CrPC:
Magistrate 3rd Class/ MIIIC:
Such Magistrate may award imprisonment of one month maximum and fine of rupees 3000 maximum.
Magistrate 2nd Class/ MIIC:
Such Magistrate may award imprisonment of one year and fine of rupees 15,000 maximum.
Magistrate 1st Class/ MIC:
Such magistrate may award imprisonment of three years and fined of rupees 45,000 maximum.
- These limits are mentioned in section 32 of CrPC.
- The Magistrate First Class may be empowered specially under section 30 CrPC. He may award imprisonment for seven years maximum.
- There may be special judicial magistrates or executive magistrates. These are officers of provincial government specially empowered under CrPC for the purposes of criminal matters. The provincial government may delegate such powers. The concerned notification or concerned law on the subject shall be followed.
Court of Sessions:
There shall be one Sessions Judge of the District (Sessions Division). He shall be in charge of the district judiciary. He shall be subordinate to provincial High Court. There may be Additional Sessions Judges in the district, tehsil or sub-tehsils as per requirements prescribed by provincial High Court. Any additional sessions judge may be designated as visiting judge of any tehsil or sub-tehsil for fix days.
Court of Sessions is court of Ultimate jurisdiction, which means it may award all kinds of punishments including the death punishment. However, such jurisdiction is already prescribed in the law. Sessions Judge or Additional Sessions Judges have some judicial powers. However these Sessions Judge may assume some administrative powers in the addition to the judicial powers, for example; distribution of cases (marking).
Kinds of Jurisdiction:
The Court of Sessions has following kinds of jurisdiction:
- Original Jurisdiction:
It is Court of ultimate jurisdiction and may award death sentence. This Court may hear the cases (trials) directly according to the parameters prescribed by CrPC, for example, intentional murder case.
- Appellate Jurisdiction:
The Court of Sessions may hear the appeals against conviction awarded by Court of Magistrates.
- Revisional Jurisdiction:
The Court of Sessions may hear the cases against the orders of Court of Magistrates in cases where right of appeal has not been provided to the parties.
Note: Court of Sessions cannot hear the appeal against acquittal.
High Court as Criminal Court:
High Court have following kinds of Jurisdiction;
- Appellate jurisdiction:
The High Court may hear the appeals against conviction and acquittal awarded by Court of Magistrates and Court of Sessions.
- Original Jurisdiction:
It is Court of ultimate jurisdiction and may award death sentence. This Court may hear the cases (trials) directly according to the parameters prescribed by CrPC, for example, intentional murder case
- Revisional Jurisdiction:
The High Court may hear the cases against the orders of Court of Magistrates in cases where right of appeal has not been provided to the parties.
- Special Courts may be established and these Courts may be treated as Court of Magistrates or Court of Sessions. Usually special courts are equal to Court of Sessions but such status shall be declared by the special law which creates these courts.
Justice of Peace:
Every criminal court has status of ex-officio justice of peace. Justice of Peace may take notice of:
- Neglect
- Failure
- Excess committed by police
- Illegal harassment by public servant
- Non registration of criminal case in cognizable offences.
Usually these powers are exercised by the Court of Sessions.
Under section 35 CrPC, the Court of Magistrates may award more than one sentences in single FIR if more than one offences have been proved. In such cases, Magistrate may pass order as under:
“All the sentences shall run concurrently or consecutively (one by one)”
Special Criminal Courts
Special criminal courts are established to handle specific types of criminal cases, such as:
- Anti-Terrorism Courts (ATC) – Deal with cases related to terrorism and national security threats.
- Juvenile Courts – Handle offenses committed by minors.
- Economic Offenses Special Courts – Focus on financial and economic crimes like fraud and money laundering.
- Narcotics Courts – Prosecute drug-related offenses.
Important Provisions:
- Section 6 (Classes of Courts). Only names of Courts, no explanation
- Section 9 (Court of Sessions). Only names and jurisdictions
- Section 22 (A/B) Justice of Peace
- Section 31, 32 (Powers of all Courts)
- Section 35 (concurrent and consecutive)
- Section 41 (Provincial Government Executive Jurisdiction)
- Section 45 (Police may seek assistance of local persons)
Conclusion
The classification of criminal courts ensures an organized legal framework for handling various levels of criminal cases efficiently. From the Supreme Court to Magistrate Courts, each level of the judiciary has a defined role in ensuring justice is served fairly and effectively. Understanding these classes provides insight into the criminal justice system and the hierarchical structure of legal proceedings.
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