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.
