CRPC PROJECT

CONSTITUTION AND HIERARCHY OF

CRIMINAL COURTS IN INDIA
 ACKNOWLEDGMENT

I would like to thank my CRPC teacher, , for giving me an opportunity to

work on this project. Without her support and cooperation, this project would not
have been possible. I would also like to thank the library staff for making available
the books required. In the end, I also want to thank my family and friends for their
support.
Acknowledgement
Contents
TERRITORIAL DIVISIONS

The entire territory of India consists of states and Section 7 of the Code states that “the basic
territorial divisions of the State are the districts and the Sessions Divisions”. Considering the
special needs of big cities like Bombay, Calcutta, Madras, etc. the Code has recognised them as
metropolitan areas and each such area shall be considered as a separate sessions division and
district. According to this territorial demarcation, the criminal courts of India include the
Supreme Court of India, High Courts, Court of Session in every Session Division and Courts of
Judicial Magistrates in every district.

It is expedient to have suitable territorial units for the purposes of administration whether judicial
or otherwise. The entire territory of India consists of states, and for the purposes of the code, the
basic territorial divisions of a state are the districts and the sessions divisions. According to
section 7, every State shall be a session’s division or shall consist of session’s divisions; and
every sessions division shall, for the purposes of this Code, be a district or consist of districts.
Further, the State Government may, after consultation with the High Court, divide any district into
sub-divisions, and can also alter the limits or the number of such divisions and districts or the
number of such sub-divisions of any district.
The code has also considered the special needs of big cities like Bombay, Calcutta and Madras
and has recognized such cities as separate territorial units and designated them as metropolitan
areas. For the purpose of the code, every metropolitan area shall be a separate session’s division
and district. It has been observed that “the administration of criminal justice in large cities
requires a measure of special treatment.”

Section 8 declares Presidency-towns of Bombay, Calcutta and Madras and the city of Ahmadabad
as a metropolitan area and further empowers the State Government to declare that any area in the
State comprising a city or town whose population exceeds one million shall be a metropolitan
area for the purposes of this code. The section also empowers the state to extend, reduce or alter
the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce
the population of such area to less than one million. If the population of a metropolitan area in fact
falls below one million, such an area shall cease to be a metropolitan area on the date specified in
this behalf by the state Government concerned.
Constitution of Criminal Courts in India

1. The Sessions Judge– Section 9 of the CrPc talks about the establishment of the
Sessions Court. The State Government establishes the Sessions Court which has to be
presided by a Judge appointed by the High Court. The High Court appoints
Additional as well as Assistant Sessions Judges. The Court of Sessions ordinarily sits
at such place or places as ordered by the High Court. But in any particular case, if the
Court of Session is of the opinion that it will have to cater to the convenience of the
parties and witnesses, it shall preside its sittings at any other place, after the consent of
the prosecution and the accused. According to section 10 of the CrPC, the assistant
sessions judges are answerable to the sessions judge.
2. The Additional/ Assistant Sessions Judge- These are appointed by the High Court of
a particular state. They are responsible for cases relating to murders, theft, dacoity,
pick-pocketing and other such cases in case of absence of the Sessions Judge.
3. The Judicial Magistrate– In every district, which is not a metropolitan area, there
shall be as many as Judicial Magistrates of first class and of second class. The
presiding officers shall be appointed by the High Courts. Every Judicial
Magistrate shall be subordinate to the Sessions Judge.
4. Chief Judicial Magistrate- Except for the Metropolitan area, the Judicial Magistrate
of the first class shall be appointed as the Chief Judicial Magistrate. Only the
Judicial Magistrate of First Class may be designated as Additional Chief Judicial
Magistrate.
5. Metropolitan Magistrate- They are established in Metropolitan areas. The High
Courts have the power to appoint the presiding officers. The Metropolitan
Magistrate shall be appointed as the Chief Metropolitan Magistrate. The
Metropolitan Magistrate shall work under the instructions of the Sessions Judge.
6. Executive Magistrate- According to section 20  in  every district and in every
metropolitan area, an Executive Magistrate shall be appointed by the State
Government and one of them becomes District Magistrate.
 HIERARCHY OF CRIMINAL COURTS

Supreme Court

High Courts

Sessions Courts

Assistant Sessions Judge Chief Metropolitan Magistrate Chief Judicial Magistrate

Additional Chief Metropolitan Magistrate

Metropolitan Magistrates Special Metropolitan Magistrates

Sub divisional Judicial Magistrates

Judicial Magistrates Special Judicial Judicial Magistrates of Special Judicial

of first class Magistrates of second class Magistrate of
First class second class
Hierarchy of Criminal Courts

The hierarchy of the Criminal Courts in India is as follows

 The Supreme Court of India – The Supreme Court Of India, being the apex court of
India, was established under Article 124 of Part V and Chapter IV of the
Constitution of India.
 The High Courts of India–The high courts are at the second level of the hierarchy.
They are governed by Article 141 of the Constitution Of India and are bound by the
judgement of the Apex Court.
 Lower Courts of India have been classified as follows.
 Metropolitan Courts
 Sessions Court
 Chief Metropolitan Magistrate
 First Class Metropolitan Magistrate
 District Courts
o Sessions Court  
o First Class Judicial Magistrate
o Second Class Judicial Magistrate
o Executive Magistrate

1. Supreme Court:– The Supreme court is the highest and final court of appeal under the
Constitution of India. It is the highest constitutional court. The Apex Court has the following
extensive powers :- Under Article 32 of the Indian Constitution, Supreme Court has Writ
jurisdiction.(See.A.32); It is the court of Record. It has power to punish for contempt under
Article129; The Apex Court has original Jurisdiction under Article131; It is the highest Court of
Appeal in the entire country under purview of Articles 132,133,134 & 136; Law declared by the
Supreme Court binds on all Courts in India.( See. A.141 of the Constitution) ; It has advisory
Jurisdiction under Article143 of the Indian Constitution.

Articles 124 to 147 of the Indian Constitution lay down the composition and jurisdiction of the
Court. Mainly, it is an appellate court which takes up appeals against judgments of the High
Courts of the states and territories. However, it also takes writ petitions in cases of serious human
rights violations or any petition filed under Article 32 which is the right to constitutional
remedies or if a case involves a serious issue that needs immediate resolution.

2. High Court:- In our country, there are various High Courts at the State and Union territory
level, which together with the Supreme Court of India at the national level, comprise the
country’s judicial system. Each High Court has jurisdiction over a State, a Union territory or a
Group of States and Union territories. In our Constitutional Scheme, the High Court is
responsible for the entire administration of justice in the State.

High Court has the following powers:- It is the court of Record. It has power to punish for
contempt under Article 215 of the Constitution; High Court has original Jurisdiction in civil and
criminal matters; It has appellate jurisdiction in respect of criminal and civil cases decided by
Subordinate courts in the State; It has revisional jurisdiction conferred under the Civil Procedure
Code,1908 and Criminal Procedure Code, 1973; It has Writ jurisdiction under Article 226 of the
Indian Constitution besides the administrative Jurisdiction over subordinate courts in the State.

Article 227 of the Constitution of India, makes it crystal clear. That apart, under
criminal Procedure Code, the ultimate revisional jurisdiction, be it under Section 397 read with
Section 401 or exercise of inherent power under Section 482, is vested in the High Court. Any
judgment or order rendered by the High Court shall bind all the subordinate courts, tribunals and
authorities within the territory of State and if only there is a direct judgment of the Supreme
Court contra to the proposition laid down by High Court, there will be a scope of interpretation
by the subordinate Court, tribunal or authority. But, the subordinate courts, tribunals or
authorities within the State cannot ignore the decision of then High Court even if there is a
decision of another High Court on that point. See. Nasreen Jahan Begum and another Vs. Syed
Mohammed Alamder Ali Abedi and another – 1995 (2) ALT(CRI.)(A.P) 319.

3. Court of Session:- In India, there are district courts under different State governments in
India for each and every district or for one or more districts together taking into account the
number of cases, population distribution in the district. District Judges:- (i) District Judges; (ii)
Additional District Judge (iii) Principal Judge, Additional Principal Judge and Judges of City
Civil and Sessions Court, Mumbai. (iv) Chief Judge and Additional Chief Judges of Court of
Small Causes. Assistant Session Judge:- Senior Civil Judges:- (i) Chief Metropolitan Magistrate;
(ii) Additional Chief Metropolitan Magistrates; (iii) Judges of Court of Small Causes and
Metropolitan Magistrates; (iv) Civil Judges, Senior Division.

These district courts administer justice at a district level. In the district level, the District Judge or
Additional District judge exercises jurisdiction both on original side and appellate side in civil
and criminal matters arising in the District. The territorial and pecuniary jurisdiction in civil
matters is usually set in concerned State enactments on the subject of civil courts. On the
criminal side, jurisdiction is exclusively derived from the criminal procedure code, 1973. As per
this code, the maximum sentence a Sessions Judge may award to a convict is capital punishment.
Article 236 (a) of the Indian Constitution says that the expression district judge includes judge of
a city civil court, additional district judge, joint district judge, assistant district judge, chief judge
of a small cause court, chief presidency magistrate, additional chief presidency magistrate,
sessions judge, additional sessions judge and assistant sessions judge.

4. Judicial Magistrate of First Class and in metropolitan area – Metropolitan

Magistrate; Chief Judicial Magistrate:– Judicial Magistrates are appointed and
controlled by the High Court and discharge judicial functions. Under section 11 (3) of the Code
of Criminal Procedure, 1973, the High Court may confer the powers of 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.

5. Judicail Magistrate of Second Class:- Judicial Magistrates are appointed and

controlled by the High Court and discharge judicial functions.

6. Executive Magistrate:- In India, the Executive Magistrates are appointed and controlled
by the State Government and discharge executive functions, i.e., maintenance of law and
order. Unless otherwise defined by the District Magistrate, the jurisdiction and powers of every
Executive Magistrate extends throughout the district or the metropolitan area, as the case may be
as given u/s 22 of Cr.P.C.
CLASSES OF CRIMINAL COURTS
The Supreme Court of India and a high court for each state have been created by the constitution,
and their jurisdictions and powers- including those in respect of criminal matters- are well
defined in the constitution itself.
The constitution, by article 227, provides that every High court shall have superintendence over
all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.
The criminal Procedure Code further provides that every High court shall so exercise
superintendence over the courts of judicial magistrates subordinate to it as to ensure an
expeditious and proper disposal of cases by such magistrates.
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.

COURT OF SESSION
As per section 9 of CrPc, the court is established by the State Government for every session’s
division. The court is presided over by a Judge, appointed by the High Court of that particular
state. The High Court may also appoint Additional Sessions Judges and Assistant Sessions
Judges in this court. The Court of Sessions shall ordinarily hold its sitting at such place or
places as the High Court may, by notification, specify1. A person appointed as a sessions judge,
Additional sessions Judge or assistant sessions Judge, would be exercising jurisdiction in the
court of Session and his judgments and orders would be those of the court of Session2.

The Additional sessions Judge(or the Assistant Sessions Judge) exercises the powers of a court
of Session, subject to the limitations prescribed by law, but is not an independent Court of

1
See Keshar Singh v. State, (1988) 3 SCC 609
2
Gokaraju rangaraju v. state of A.P, (1981) 3 SCC 132
session3. All Assistant Sessions Judges shall be subordinate to the sessions Judge in whose court
they exercise jurisdiction.[ Section 10(1)]

COURTS OF JUDICIAL MAGISTRATES

a) Courts of Judicial Magistrates of First class or Second class: 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 [ Section 11(1)]. The State
Government may also, after consultation with the High Court, establish, for any local
area, one or more Special Courts of Judicial Magistrate 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 such Special Court of Judicial
Magistrate has been established[ Proviso to Section 11(1)]. The power to determine the
number of courts and their location is left to the State Government since it will have to
take into account various administrative and financial considerations. The State
Government, however, is required to exercise this power in consultation with the high
court in order that Magistrates’ courts are established in adequate number in all districts
and at suitable places4. In order to make the separation of Judiciary effective, it has been
provided that the presiding officers of such Courts shall be appointed by the High Courts.
It is further provided that the High Court may, whenever it appears to it 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. This would enable the High Court to provide for situations where it might not be
necessary or possible to appoint full time Judicial Magistrates.
b) Chief Judicial Magistrate: In every district (not being a metropolitan area), the High
Court shall appoint Judicial Magistrate of the first class to the Chief Judicial

3
Rahul Sharma v. State of Rajasthan, 1978 Cri LJ 1276
4
41st Report, p.22, para 2.24.
 Magistrate[ Section 12(1)]. He is head of the Magistracy in the district 5. His main
function would be to guide, supervise and control other judicial Magistrates in the
district. He would also try important cases.

c) Additional Chief Judicial Magistrate: The High Court may appoint any Judicial
Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such
Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this
Code or under any other law for the time being in force as the High Court may direct
[Section 12(2)].
d) Sub-Divisional Judicial Magistrate: The High Court may designate any Judicial
Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate.
Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional
Judicial Magistrate shall also have and exercise, such powers of supervision and control
over the work or the Judicial Magistrates (other than Additional Chief Judicial
Magistrates) in the sub-division as the High Court may, specify [Section 12(3)].

COURTS OF METROPOLITAN MAGISTRATES

As in a district, every metropolitan area will have almost a parallel set-up of Judicial
Magistrates. In every metropolitan area, the State Government may, after consultation with
the High Court, establish courts of metropolitan magistrates at such places and in such
number as it may by notification, specify [Section 16(1)]. The presiding officers of such
courts shall be appointed by the High Court and the jurisdiction and powers of every
Metropolitan Magistrate shall extend throughout the metropolitan area. Likewise, in every
metropolitan area, the high court shall appoint a Metropolitan Magistrate as Chief
Metropolitan Magistrate. It may similarly appoint an Additional Chief Metropolitan
Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan
Magistrate as the High Court may direct [Section 17].

SUBORDINATION OF METROPOLITAN MAGISTRATES

5
Delhi Judicial Service Association v. State of Gujarat, (1991) 4 SCC 406
The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall
be subordinate to the Sessions Judge, and every other Metropolitan Magistrate shall, subject
to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan
Magistrate [Section 19(1)]. The High Court may, for the purposes of this Code, define the
extent of the subordination if any, of the Additional Chief Metropolitan Magistrates to the
Chief Metropolitan Magistrate [Section 19(2)].

SPECIAL JUDICIAL MAGISTRATES AND SPECIAL

METROPOLOITAN MAGISTRATES

The High Court may, if requested by the Central or State Government so to do, confer upon
any person who holds or has held any post under the Government, all or any of the powers
conferred under the code on a Judicial Magistrate of the first class or the second class or on a
Metropolitan Magistrate, as the case may be. It may, however, be noted that no qualification
or experience in relation to legal affairs as the High Court may, by rules, specify [Section 13
and 18].

According to Sections 13 and 18:

i. The persons to be appointed as special magistrates must be either persons in

Government service or those who have retired from the Government service
ii. The persons to be appointed as special magistrates must have the qualifications and
experience as prescribed by the High Court
iii. The appointment is to be made by the High Court and not by the State Government
iv. The appointment is to be for a period not exceeding one year at a time
v. According to section 13(3) the high court may empower a special Judicial Magistrate
to exercise the powers of a Metropolitan Magistrate in relation to any Metropolitan
area
vi. According to section 18(3) the High Court or the State Government, as the case may
be, may empower any Special Metropolitan Magistrate to exercise, in any local area
outside the metropolitan area, the powers of a Judicial Magistrate of the first class.
SENTENCES WHICH THE COURTS MAY PASS

a. A High Court may pass any sentence authorized by law.

b. A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by
law; but any sentence of death passed by any such Judge shall be subject to
confirmation by the High court.
c. An 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.
d. The court of a Chief Judicial Magistrate or Metropolitan 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.
e. The court of a Judicial Magistrate of the first class or a Metropolitan Magistrate may
pass a sentence of imprisonment for a term not exceeding three years, or of fine not
exceeding five thousand rupees, or both.
f. The court of a Judicial 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.
 BIBLIOGRAPHY
Books Reffered:
 Ratanlal, Dhirajlal, “Code of Criminal Procedure”, LexisNexis Butterworths, 19 Ed 2010
 Kelkar R.V, “Criminal Procedure”, Eastern Book Company, 5th Ed 2012

Sites Referred:

 http://www.scribd.com/doc/13065846/Criminal-Procedure-Code
 http://www.preservearticles.com/2012032929239/constitution-of-criminal-courts-and-
jurisdiction-essay.html
 http://www.helplinelaw.com/docs/CODE%20OF%20CRIMINAL%20PROCEDURE,
%201973/CHAPTER%20II%20CONSTITUTION%20OF%20CRIMINAL
%20COURTS%20AND%20OFFICES
 http://www.sudhirlaw.com/Legal.html