The various classes of Criminal courts and their powers

Chapter II of Code and Sections 6 to 24 deal with the constitution of Criminal Courts. Section 6 of Code says -

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 :-

(i) Courts of Session;

(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

Then Section 7 of the Code says that every State shall consist of Session division and each Session division, for the purpose of this Code, shall be district or consist of districts. In substance provision under section 7 is the same as was provided in old code but as a result of separation of judicial functions of magistrate from those of executive consequential changes were brought. Then Section 8 of code says that State Government may by notification declare any area in the State, comprising a city or town whose population exceeds one million shall be metropolitan area and city of Ahmedabad declared to be metropolitan area. State Government have also been empowered to extend, reduce or alter the limits of metropolitan area.

Section 9 of Code says -

(1) The State Government shall establish a Court of Session for every sessions division.

(2) Every court of Session shall be presided over by a Judge, to be appointed by the High Court.

(3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.

(4) The Sessions Judge of one Sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.

(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.

(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witness to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the cases or the examination of any witness or witnesses therein.

So Section 9 deals with the power of State Government to establish Courts of Sessions and the power of High Court to appoint judges thereto and to direct at what places such courts shall hold its sittings. The State Government is bound to establish a Court of Session for every Sessions division then section 10 declares that all Assistant Sessions Judges shall be subordinate to Sessions Judge, who will time to time make rules as to distribution of business among such Assistant Sessions Judges.

Then Section 11 provides -

(1) In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify:

Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which the such Special Court of Judicial Magistrate has been established.

(2) The presiding officers of such Courts shall be appointed by the High Court.

(3) The High Court may, whenever, it appears to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.

The Section 12 says that in every district (not being a metropolitan area) High Court shall appoint a Judicial Magistrate of first class to be Chief Judicial Magistrate and Additional Chief Judicial Magistrate and Sub- divisional Judicial Magistrate. Then Section 13 of Code says that High Court upon the request of Central or State Government, confer upon any person who hold or has held any post under the Government all or any powers conferrable under the code to a Judicial Magistrate of first or second class for particular case or class of cases provided such person possesses such qualification and experience in legal affairs as High Court requires and such Magistrate shall be called "Special Magistrate" who will be appointed for term not exceeding one year at a time. Then section 14 of Code says subject to control of High Court, Chief Judicial Magistrate may from time to time define local jurisdiction within which Magistrates as appointed under section 11 or 13 may exercise any power as conferred under this Code. Then Section 15 says every Chief Judicial Magistrate shall be subordinate to Sessions Judge and every other Judicial Magistrate, shall be subject to general control of Sessions Judge be subordinate to Chief Judicial Magistrate who shall from title to time make rules or make order as to distribution of business among Judicial Magistrates.

Thereafter Sections 16, 17, 18 and 19 deal regarding Metropolitan Magistrate on similar provisions as stated above. Then section 20 says that in every District and Metropolitan area, the State Government may appoint any numbers of Executive Magistrates and one of them shall be appointed as District Magistrate. State Government may appoint an Executive Magistrate as Additional District Magistrate and may place any such executive magistrate in sub-division who shall be called `Sub-divisional Magistrate. Section 21 provides regarding appointment of Special Executive Magistrate. Then Section 22 says that subject to control of State Government, District Magistrate from time to time, may define local limits of jurisdiction of Executive Magistrates. All Executive Magistrates, other than Additional District Magistrate shall be subordinate to District Magistrate who will make rules regarding distribution of work among Executive Magistrate. (Section 23).

Power of Courts :- Chapter III of Codes deal with power of different criminal courts. Section 26 deals with the description of offences cognizable by several courts constituted under the Code. Section 26(a) says any offence of I.P.C. may be tried by

(i) High Court or

(ii) Court of Session or

(iii) any Judicial Magistrate by which such offence is shown in First Schedule, to be triable.

Section 26(b) says any offence under any other law shall be tried by court as mentioned in that law and when no such court is so mentioned, then it will be tried by

(i) High Court or

(ii) Court by which such offence is shown in First Schedule to triable.

Section 27 of Code then says about jurisdiction of court in case of Juveniles.

Then Section 28 says -

"(1) A High Court may pass any sentence authorised by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by such Judge shall be subject to confirmation by the High Court.

(3) Any Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years."

Section 29 of Code says -

"(1) The Court of the Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.

(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding five thousand rupees, or of both.

(3) The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding one thousand rupees, or of both.

(4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class."

Then Section 30 says -

(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law :

Provided that the term -

(a) is not in excess of the powers of the Magistrate under Section 29;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under Section 29.