CHOUDHARY RUSTAMSINGH GROUP OF

COLLEGE- BHIND, MADHYA PRADESH

PROJECT REPORT ON CRIME AND CONSTITUTION

OF CRIMINAL COURTS UNDER THE CODE OF
CRIMINAL PROCEDURE

Submitted By
SHIVANG SRIVASTAVA
JL23001556
(LLM-1ST SEM)
 Acknowledgment

I would like to express my sincere gratitude to [Name], my professor/advisor, for

their invaluable guidance, support, and encouragement throughout the
completion of this assignment. Their expertise and constructive feedback have
greatly contributed to the refinement of my work.

I am also deeply thankful to my peers/classmates for their insightful discussions

and collaborative efforts, which have enriched my understanding of the subject
matter.

Furthermore, I extend my appreciation to College Faculty, Friends and Family

for their assistance in various aspects of this assignment, whether it be providing
resources, sharing ideas, or offering moral support.
Lastly, I am grateful to my family for their unwavering encouragement and
understanding during this academic endeavour.
SHIVANG SRIVASTAVA
JL23001556
(LLM-1ST SEM)
 CONSTITUTION OF CRIMINAL COURTS UNDER
THE CODE OF CRIMINAL PROCEDURE
CRIME
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The
term crime does not, in modern criminal law, have any simple and universally accepted
definition, though statutory definitions have been provided for certain purposes. The most
popular view is that crime is a category created by law; in other words, something is a crime if
declared as such by the relevant and applicable law. One proposed definition is that a crime
or offence (or criminal offence) is an act harmful not only to some individual but also to a
community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by
law.
The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What
precisely is a criminal offence is defined by the criminal law of each relevant jurisdiction.
While many have a catalogue of crimes called the criminal code, in some common law nations
no such comprehensive statute exists.
The state (government) has the power to severely restrict one's liberty for committing a crime.
In modern societies, there are procedures to which investigations and trials must adhere. If
found guilty, an offender may be sentenced to a form of reparation such as a community
sentence, or, depending on the nature of their offence, to undergo imprisonment, life
imprisonment or, in some jurisdictions, death.
Usually, to be classified as a crime, the "act of doing something criminal" (actus reus) must –
with certain exceptions – be accompanied by the "intention to do something criminal" (mens
rea).
While every crime violates the law, not every violation of the law counts as a crime. Breaches
of private law (torts-and breaches of contract) are not automatically punished by the state, but
can be enforced through civil procedure.

DEFINITION
The exact definition of crime is a philosophical issue without an agreed upon answer. Fields
such as law, politics, sociology, and psychology define crime in different ways. Crimes may
be variously considered as wrongs against individuals, against the community, or against the
state. The criminality of an action is dependent on its context; acts of violence will be seen as
crimes in many circumstances but as permissible or desirable in others. Crime was historically
seen as a manifestation of evil, but this has been superseded by modern criminal theories.

LEGALISM
Legal and political definitions of crime consider actions that are banned by authorities or
punishable by law. Crime is defined by the criminal law of a given jurisdiction, including all
actions that are subject to criminal procedure. There is no limit to what can be considered a
crime in a legal system, so there may not be a unifying principle used to determine whether an
action should be designated as a crime. From a legal perspective, crimes are generally wrong
actions that are severe enough to warrant punishment that infringes on the perpetrator's
liberties.
English criminal law and the related common law of Commonwealth countries can define
offences that the courts alone have developed over the years, without any actual
legislation: common law offences. The courts used the concept of malum in se to develop
various common law offences.

SOCIOLOGY
As a sociological concept, crime is associated with actions that cause harm and violate social
norms. Under this definition, crime is a type of social construct, and societal attitudes
determine what is considered criminal.
In legal systems based on legal moralism, the predominant moral beliefs of society determine
the legal definition as well as the social definition of crime. This system is less prominent
in liberal democratic societies that prioritize individualism and multiculturalism over other
moral beliefs.
Paternalism defines crime not only as harm to others or to society, but also as harm to the self.

PSYCHOLOGY
Psychological definitions consider the state of mind of perpetrators and their relationship with
their environment.
The study of crime is called criminology. Criminology is a subfield of sociology that addresses
issues of social norms, social order, deviance, and violence. It includes
the motivations and consequences of crime and its perpetrators, as well as preventative
measures, either studying criminal acts on an individual level or the relationship of crime and
the community. Due to the wide range of concepts associated with crime and the disagreement
on a precise definition, the focus of criminology can vary considerably. Various theories within
criminology provide different descriptions and explanations for crime, including social control
theory, subcultural theory, strain theory, differential association, and labelling theory.
Subfields of criminology and related fields of study include crime prevention, criminal
law, crime statistics, anthropological criminology, criminal psychology, criminal sociology,
criminal psychiatry, victimology, penology, and forensic science. Besides sociology,
criminology is often associated with law and psychology.
Information and statistics about crime in a given jurisdiction are collected as crime estimates,
typically produced by national or international agencies. Methods to collect crime statistics
may vary, even between jurisdictions within the same nation. Under-reporting of crime is
common, particularly in developing nations. Studies may be used to determine the frequency
of crime in a given population.

NATURAL-LAW THEORY
Justifying the state's use of force to coerce compliance with its laws has proven a consistent
theoretical problem. One of the earliest justifications involved the theory of natural law. This
posits that the nature of the world or of human beings underlies the standards of morality or
constructs them. Thomas Aquinas wrote in the 13th century: "the rule and measure of human
acts is the reason, which is the first principle of human acts".He regarded people as by
nature rational beings, concluding that it becomes morally appropriate that they should behave
in a way that conforms to their rational nature. Thus, to be valid, any law must conform to
natural law and coercing people to conform to that law is morally acceptable. In the
1760s, William Blackstone described the thesis:
"This law of nature, being co-eval with mankind and dictated by God himself, is of
course superior in obligation to any other. It is binding over all the globe, in all
countries, and at all times: no human laws are of any validity, if contrary to this; and
such of them as are valid derive all their force, and all their authority, mediately or
immediately, from this original."
But John Austin (1790–1859), an early positivist, applied utilitarianism in accepting the
calculating nature of human beings and the existence of an objective morality. He denied that
the legal validity of a norm depends on whether its content conforms to morality. Thus, in
Austinian terms, a moral code can objectively determine what people ought to do, the law can
embody whatever norms the legislature decrees to achieve social utility, but every individual
remains free to choose what to do. Similarly, H.L.A. Hart saw the law as an aspect
of sovereignty, with lawmakers able to adopt any law as a means to a moral end.
Thus the necessary and sufficient conditions for the truth of a proposition of law involved
internal logic and consistency, and that the state's agents used state power
with responsibility. Ronald Dworkin rejects Hart's theory and proposes that all individuals
should expect the equal respect and concern of those who govern them as a fundamental
political right. He offers a theory of compliance overlaid by a theory of deference (the citizen's
duty to obey the law) and a theory of enforcement, which identifies the legitimate goals of
enforcement and punishment. Legislation must conform to a theory of legitimacy, which
describes the circumstances under which a particular person or group is entitled to make law,
and a theory of legislative justice, which describes the law they are entitled or obliged to make.
There are natural-law theorists who have accepted the idea of enforcing the prevailing morality
as a primary function of the law. This view entails the problem that it makes any moral criticism
of the law impossible: if conformity with natural law forms a necessary condition for legal
validity, all valid law must, by definition, count as morally just. Thus, on this line of reasoning,
the legal validity of a norm necessarily entails its moral justice.

HISTORY
EARLY HISTORY
Restrictions on behaviour existed in all prehistoric societies. Crime in early human society was
seen as a personal transgression and was addressed by the community as a whole rather than
through a formal legal system, often through the use of custom, religion, or the rule of a tribal
leader. Some of the oldest extant writings are ancient criminal codes. The earliest known
criminal code was the Code of Ur-Nammu (c. 2100 – c. 2050 BC), and the known first criminal
code that incorporated retaliatory justice was the Code of Hammurabi. The latter influenced
the conception of crime across several civilisations over the following millennia.
The Romans systematised law and applied their system across the Roman Empire. The initial
rules of Roman lawregarded assaults as a matter of private compensation. The most significant
Roman law concept involved dominion. Most acts recognised as crimes in ancient societies,
such as violence and theft, have persisted to the modern era. The criminal justice system of
Imperial China existed unbroken for over 2,000 years.
Many of the earliest conceptions of crime are associated with sin and corresponded to acts that
were believed to invoke the anger of a deity.This idea was further popularised with the
development of the Abrahamic religions. The understanding of crime and sin were closely
associated with one another for much of history, and conceptions of crime took on many of the
ideas associated with sin Islamic law developed its own system of criminal justice
as Islam spread in the seventh and eighth centuries.

POST-CLASSICAL ERA
In post-classical Europe and East Asia, central government was limited and crime was defined
locally. Towns established their own criminal justice systems, while crime in the countryside
was defined by the social hierarchies of feudalism. In some places, such as the Russian
Empire and the Kingdom of Italy, feudal justice survived into the 19th century.
Common law first developed in England under the rule of Henry II in the 12th century. He
established a system of traveling judges that tried accused criminals in each region of England
by applying precedent from previous rulings. Legal developments in 12th century England also
resulted in the earliest known recording of official crime data.

MODERN ERA
In the modern era, crime came to be seen as an issue affecting society rather than conflicts
between individuals. Writers such as Thomas Hobbes saw crime as a societal issue as early as
the 17th century. Imprisonment developed as a long-term penalty for crime in the 18th century.
Increasing urbanisation and industrialisation in the 19th century caused crime to become an
immediate issue that affected society, prompting government intervention in crime and the
establishment of criminology as its own field.
Anthropological criminology was popularised by Cesare Lombroso in the late-19th century.
This was a biological determinist school of thought based in social darwinism, arguing that
certain people are naturally born as criminals. The eugenics movement of the early-20th
century similarly held that crime was caused primarily by genetic factors.
The concept of crime underwent a period of change as modernism was widely accepted in the
years following World War II. Crime increasingly came to be seen as a societal issue, and
criminal law was seen as a means to protect the public from antisocial behaviour. This idea was
associated with a larger trend in the western world toward social democracy and centre-left
politics.
Through most of history, reporting of crime was generally local. The advent of mass
media through radio and television in the mid-20th century allowed for the sensationalism of
crime. This created well-known stories of criminals such as Jeffrey Dahmer, and it allowed for
dramatisation that perpetuates misconceptions about crime. Forensic science was popularised
in the 1980s, establishing DNA profiling as a new method to prevent and analyse crime.

TYPES
VIOLENT CRIME
Violent crime is crime that involves an act of violent aggression against another person.
Common examples of violent crime include homicide, assault, sexual assault, and robbery.
Some violent crimes, such as assault, may be committed with the intention of causing harm.
Other violent crimes, such as robbery, may use violence to further another goal. Violent crime
is distinct from noncriminal types of violence, such as self-defence, use of force, and acts of
war. Acts of violence are most often perceived as deviant when they are committed as an
overreaction or a disproportionate response to provocation.

PROPERTY CRIME
Common examples of property crime include burglary, theft, and vandalism.
Examples of financial crimes include counterfeiting, smuggling, tax evasion, and bribery. The
scope of financial crimes has expanded significantly since the beginning of modern economics
in the 17th century In occupational crime, the complexity and anonymity of computer systems
may help criminal employees camouflage their operations. The victims of the most
costly scams include banks, brokerage houses, insurance companies, and other large financial
institutions.

PUBLIC ORDER CRIME

Public order crime is crime that violates a society's norms about what constitutes socially
acceptable behaviour. Examples of public order crimes include gambling, drug-related
crime, public intoxication, prostitution, loitering, breach of the
peace, panhandling, vagrancy, street harassment, excessive noise, and littering. Public order
crime is associated with the broken windows theory, which posits that public order crimes
increase the likelihood of other types of crime. Some public order crimes are
considered victimless crimes in which no specific victim can be identified. Most nations in
the Western world have moved toward decriminalisation of victimless crimes in the modern
era.
Adultery, fornication, blasphemy, apostasy, and invoking the name of God are commonly
recognised as crimes in theocratic societies or those heavily influenced by religion.

POLITICAL CRIME
Political crime is crime that directly challenges or threatens the state. Examples of political
crimes include subversion, rebellion, treason, mutiny, espionage, sedition, terrorism, riot,
and unlawful assembly. Political crimes are associated with the political agenda of a given
state, and they are necessarily applied against political dissidents. Due to their unique relation
to the state, political crimes are often encouraged by one nation against another, and it is
political alignment rather than the act itself that determines criminality. State crime that is
carried out by the state to repress law-abiding citizens may also be considered political crime.

INCHOATE CRIME
Inchoate crime is crime that is carried out in anticipation of other illegal actions but does not
cause direct harm. Examples of inchoate crimes include attempt and conspiracy. Inchoate
crimes are defined by substantial action to facilitate a crime with the intention of the crime's
occurrence. This is distinct from simple preparation for or consideration of criminal activity.
They are unique in that renunciation of criminal intention is generally enough to absolve the
perpetrator of criminal liability, as their actions are no longer facilitating a potential future
crime.

PARTICIPANTS
CRIMINAL
A criminal is an individual who commits a crime. What constitutes a criminal can vary
depending on the context and the law, and it often carries a pejorative connotation. Criminals
are often seen as embodying certain stereotypes or traits and are seen as a distinct type of person
from law-abiding citizens. Despite this, no mental or physical trend is identifiable that
differentiates criminals from non-criminals. Public response to criminals may be indignant or
sympathetic. Indignant responses involve resentment and a desire for vengeance, wishing to
see criminals removed from society or made to suffer for harm that they cause. Sympathetic
responses involve compassion and understanding, seeking to rehabilitate or forgive criminals
and absolve them of blame.

VICTIM
A victim is an individual who has been treated unjustly or made to suffer. In the context of
crime, the victim is the individual that is harmed by a violation of criminal law. Victimisation
is associated with post-traumatic stress and a long-term decrease in quality of life. Victimology
is the study of victims, including their role in crime and how they are affected.
Several factors affect an individual's likelihood of becoming a victim. Some factors may cause
victims of crime to experience short-term or long-term "repeat victimisation". Common long-
term victims are those that have close relationships with the criminal, manifesting in crimes
such as domestic violence, embezzlement, child abuse, and bullying. Repeat victimisation may
also occur when a potential victim appears to be a viable target, such as when indicating wealth
in a less affluent region. Many of the traits that indicate criminality also indicate victimality;
victims of crime are more likely to engage in unlawful behaviour and respond to provocation.
Overall demographic trends of victims and criminals are often similar, and victims are more
likely to have engaged in criminal activities themselves.
The victims may only want compensation for the injuries suffered, while remaining indifferent
to a possible desire for deterrence. Victims, on their own, may lack the economies of scale that
could allow them to administer a penal system, let alone to collect any fines levied by a court.
Historically, from ancient times until the 19th century, many societies believed that non-
human animals were capable of committing crimes, and prosecuted and punished them
accordingly. Prosecutions of animals gradually dwindled during the 19th century, although a
few were recorded as late as the 1910s and 1920s

CRIMINAL LAW
Virtually all countries in the 21st century have criminal law grounded in civil law, common
law, Islamic law, or socialist law. Historically, criminal codes have often divided criminals by
class or caste, prescribing different penalties depending on status. In some tribal societies, an
entire clan is recognised as liable for a crime. In many cases, disputes over a crime in this
system lead to a feud that lasts over several generations.

CRIMINALISATION
The state determines what actions are considered criminal in the scope of the law.
Criminalisation has significant human rights considerations, as it can infringe on rights of
autonomy and subject individuals to unjust punishment.

CRIMINAL JUSTICE
LAW ENFORCEMENT
The enforcement of criminal law seeks to prevent crime and sanction crimes that do occur.
This enforcement is carried out by the state through law enforcement agencies, such as police,
which are empowered to arrest suspected perpetrators of crimes. Law enforcement may focus
on policing individual crimes, or it may focus on bringing down overall crime rates. One
common variant, community policing, seeks to prevent crime by integrating police into the
community and public life.
CRIMINAL PROCEDURE
When the perpetrator of a crime is found guilty of the crime, the state delivers a sentence to
determine the penalty for the crime.

CORRECTIONS AND PUNISHMENT

Authorities may respond to crime through corrections, carrying out punishment as a means
to censure the criminal act. Punishment is generally reserved for serious offences. Individuals
regularly engage in activity that could be scrutinised under criminal law but are deemed
inconsequential. Retributive justice seeks to create a system of accountability and punish
criminals in a way that knowingly causes suffering. This may arise out of a feeling that
criminals deserve to suffer and that punishment should exist for its own sake. The existence of
punishment also creates an effect of deterrence that discourages criminal action for fear of
punishment.
Rehabilitation seeks to understand and mitigate the causes of a criminal's unlawful action to
prevent recidivism. Different criminological theories propose different methods of
rehabilitation, including strengthening social networks, reducing poverty, influencing values,
and providing therapy for physical and mental ailments.Rehabilitative programs may
include counselling or vocational education.
Developed nations are less likely to use physical punishments. Instead, they will impose
financial penalties or imprisonment. In places with widespread corruption or limited rule of
law, crime may be punished extralegally through mob rule and lynching.
Whether a crime can be resolved through financial compensation varies depending on the
culture and the specific context of the crime. Historically, many societies have absolved acts
of homicide through compensation to the victim's relatives.

LIABILITY
If a crime is committed, the individual responsible is considered to be liable for the crime. For
liability to exist, the individual must be capable of understanding the criminal process and the
relevant authority must have legitimate power to establish what constitutes a crime.
International criminal law

International criminal law typically addresses serious offences, such as genocide, crimes
against humanity, and war crimes. As with all international law, these laws are created
through treaties and international custom, and they are defined through the consensus of the
involved states. International crimes are not prosecuted through a standard legal system, though
international organisations may establish tribunals to investigate and rule on egregious
offences such as genocide.

CAUSES AND CORRELATES

Basic analysis of criminal behaviour is determined by a cost–benefit analysis. A person that
commits a criminal act typically believes that its benefits will outweigh the risk of being caught
and punished. Negative economic factors (such as unemployment and income inequality)
significantly increase the incentive to commit crime, while severe punishments decrease the
incentive in some cases.
Social factors similarly affect the likelihood of criminal activity. Crime corresponds heavily
with social integration; groups that are less integrated with society or that are forcibly
integrated with society are more likely to engage in crime. Involvement in the community, such
as through a church, decreases the likelihood of crime, while associating with criminals
increases the likelihood of becoming a criminal as well.
There is no known genetic cause of crime. Some genes have been found to affect traits that
may incline individuals toward criminal activity, but no biological or physiological trait has
been found to directly cause or compel criminal actions. One biological factor is the disparity
between men and women, as men are significantly more likely to commit crimes than women
in virtually all cultures. Crimes committed by men also tend to be more severe than those
committed by women.

PUBLIC PERCEPTION
Crime is often a high priority political issue in developed countries, regardless of the country's
crime rates. People that are not regularly exposed to crime most often experience it through
media, including news reporting and crime fiction. Exposure of crime through news stories is
associated with alarmism and inaccurate perceptions of crime trends. Selection bias in new
stories about criminals significantly over-represent the prevalence of violent crime, and news
reporting will often overemphasise a specific type of crime for a period of time, creating a
"crime wave" effect.

As public opinion of morality changes over time, actions that were once condemned as crimes
may be considered justifiable.

INTRODUCTION CRIMINAL COURTS

The judicial system in India is one of the most efficient judicial systems in the world and it has
been established in such a way so that it caters to the need of every person in the country. The
Indian Judiciary is well established with quite a lengthy and complex hierarchy of courts. The
judicial system is in the form of a pyramid, with the Apex Court being at the top of the
hierarchy. The courts have been created in such a manner that even a person from a remote
area can approach the courts to get their disputes resolved.

FUNCTIONARIES UNDER THE CRPC

The functionaries which are empowered to exercise the powers and discharge duties under the
Code of Criminal Code, 1973 are the police, prosecutors, courts, Defence Council, Prison
Authority and Correctional Services. Amongst these the role of Magistrates and Court is pivotal
while others are in a way accessories to it.

ROLES AND FUNCTIONS OF THESE TYPES OF

MACHINERY

POLICE

There is no provision in the code that creates the police or police officers. It assumes the
existence of police and arms them with various responsibilities and powers.

ORGANISATION

The Police Act, 1861 establishes the police force. The Act says that “the police force is an
instrument for the detection of crime and its prevention.” The Director-General of Police is
vested with the overall administration of police in an entire state, however, in a district, under
the general control and directions of District Magistrate, administration of police is done by
DSP (District Superintendent of Police).

A certificate is provided to every police officer and by virtue of such certificate, he is vested
with the functions, privileges and powers, of a police officer. Such certificate will cease to be
in effect once he/she is no longer a police officer.
POWERS AND FUNCTIONS UNDER CRPC

The Code confers upon the police officers certain powers such as the power to investigate,
search and seizure, make an arrest and investigate the members enrolled as police officers.
Extensive powers are conferred to the officer in charge of a police station.

PROSECUTOR

A crime is a wrong that affects the whole society and because of this reason the state represents
the society as a whole and is represented by lawyers called Public Prosecutors. In a criminal
court, prosecution of all the offences is conducted by Public Prosecutors.

CONSTITUTION

As per Section 24 of Cr.PC Central and State, the government is empowered to appoint Public
Prosecutors at state and district levels to conduct appeal and prosecution under High Courts
and Subordinate Courts. The Section further provides that Additional or Assistant Public
Prosecutor shall be appointed and they shall work under the directions given by Public
Prosecutor.

Further, it specifies the rules for appointment of Public Prosecutor as “if a person has been
practising as an advocate for 7 years or more then such person shall be eligible to be appointed
as Public Prosecutor of District Court or High Court. The Court in Phool Singh v. State of
Rajasthan held that “ if the victim requests the State to appoint a Special Public Prosecutor in
a case, then the State shall appoint the same and such Special Public Prosecutor shall be paid
by the victim.

POWERS AND FUNCTIONS

The Code provides that every trial before a Session’s Court shall be conducted by the Public
Prosecutor. His goal is not merely to produce a conviction but to help the court in arriving at a
just decision. Section 301 empowers a Public Prosecutor or Assistant Public Prosecutor to
appear before any criminal court and conduct prosecution without any written authority. Thus,
he has the right to conduct the prosecution. As per Section 321, if the court allows, a Public
Prosecutor can withdraw from conducting prosecution against any person.

In Md. Mumtaz v. Nandini Satpathy, the Apex Court explained the role of Prosecutors under
CrPC and observed that it is the duty of a Public Prosecutor to aid the court by placing all the
evidence in his possession in front of the court even if it is in favour of the accused. In the
machinery of justice, a very responsible role is assigned to the public prosecutor, thus he shall
be personally indifferent towards the result of the case.

COURTS

The setup of criminal courts in India is of 2 types i.e. District and Metropolitan areas.

DISTRICT

The setup of criminal courts in district areas is at 3 levels: –

At the lower level of the judiciary the courts are called courts of Judicial Magistrate which are
of 3 types: –

• Judicial magistrate

• Judicial magistrate second class

• Special magistrate court

At the middle level of the judiciary, the courts at the sessions level include: –

• Court of sessions

• Additional courts of sessions

• Assistant courts of sessions

• Special courts
At the higher level of the judiciary, there are High Court and Supreme Court.

METROPOLITAN AREAS
The courts at the session’s level are referred to as metropolitan courts and they are of 2 types:
–

1. Metropolitan magistrate courts

2. Special Metropolitan Magistrate

Chief Judicial Magistrate/Chief Metropolitan Magistrate exercises supervisory authority or
administrative authority of all the magistrates in sessions/division or metropolitan areas.

DEFENCE COUNSEL

In most of the cases an accused person is a layman and is not aware of the technicalities of law,
therefore, as per Section303, an accused person shall have a right to be defended by a counsel
of his own choice. As the accused or his family employs the pleader to defend the accused
against the alleged charges, such a pleader is not a government employee. For ensuring a just
and fair trial it is essential that a qualified legal practitioner presents the matter on behalf of the
accused.

Therefore, Section 304 provides that if the accused does not have sufficient means to hire a
counsel, a pleader shall be assigned to him by the court at the state’s expense. There are various
schemes through which an accused who does not have sufficient means to hire a pleader can
get free legal aid, such as the Legal Aid Scheme of State, Legal Aid and Service Board,
Supreme Court Senior Advocates Free Legal Aid society and Bar Association. The Legal
Services Authorities Act, 1987provides needy people with free legal aid.

PRISON AUTHORITIES AND CORRECTIONAL SERVICES

The court does not create but presupposes the existence of prison authorities and the Prison.
As per Section 167Magistrates and judges are empowered by the code to order the detention
of under-trial prisoners in jail during the pendency of the proceedings. The courts have the
power under the Code to impose imprisonment sentences on convicted persons and to execute
such sentences send them to prison authorities.
However, the Code does not provide specific provisions for working, creation and control of
such machinery. The Prisons Act 1894, The Probation of Offenders Act 1958 and The
Prisoners Act 1900 deals with such matters.

TERRITORIAL DIVISIONS UNDER THE CODE

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.

CLASSES OF CRIMINAL COURTS

Section 6 of the Cr.P.C provides for the classes of criminal courts in every State apart from the
High Courts and the Supreme Court, namely –

1. Court of Session

2. Judicial Magistrates of the first class and, Metropolitan Magistrates in any

metropolitan areas

3. Judicial Magistrates of the second class; and

4. Executive Magistrates

HIERARCHY OF CRIMINAL COURTS

The hierarchy of the Criminal Courts in India can be understood through the following chart:
The Supreme Court of India – The Supreme Court Of India being the apex court of India was
established under Article 124of the Constitution of India.

The High Courts – Article 141 of the Constitution Of India governs the High Courts and the
High Courts are bound by the judgment of the Apex Court.

LOWER COURTS OF INDIA HAVE BEEN CLASSIFIED AS

FOLLOWS:

METROPOLITAN COURTS

• Chief Metropolitan Magistrate

• First Class Metropolitan Magistrate

DISTRICT COURTS
 • Sessions Court

• First Class Judicial Magistrate

• Second Class Judicial Magistrate

• Executive Magistrate

SEPARATION OF JUDICIARY FROM THE EXECUTIVE

The Code under Section 3(4) separates the judiciary from the executive and states that, subject
to the provisions of the Code:

• Judicial Magistrate shall exercise the functions relating to matters in which

appreciation or shifting of evidence is involved or which involve the formulation of
any decision by which any person is exposed to a penalty or punishment or detention
in custody, inquiry or trial.

• Executive Magistrate shall exercise the functions regarding the matters which are
executive or administrative in nature, for example, the granting or suspension or
cancellation of a license, withdrawing from prosecution or sanctioning a
prosecution.

COURT OF SESSION
Section 9 of the Cr.PC empowers the State Government to establish the Sessions Court and
such court would be presided over by a Judge appointed by the High Court. The Additional
and Assistant Sessions Judges are also appointed by the High Court to exercise jurisdiction in
the Court of Session. The Sessions Court ordinarily sits at such place or places as ordered by
the High Court, but if in a case, the Court of Sessions decides to cater to the general
convenience of the parties and witnesses, then, it may, with the consent of the prosecution and
the accused preside its sittings at any other place. As per Section 10 of the Cr.P.C, the assistant
sessions judges are answerable to the sessions judge.

COURT OF JUDICIAL MAGISTRATE

Section 11 of the Cr.P.C states that in every district (not being a metropolitan area), the State
Government after consultation with the High Court has the power to establish courts of Judicial
Magistrates of the first and second classes. If the High Court is of the opinion that it is necessary
to confer the powers of a Judicial Magistrate of the first or second class on any member of the
Judicial Service functioning as a Judge in a civil court, then the High Court shall do the same.

CHIEF JUDICIAL MAGISTRATE AND ADDITIONAL CHIEF

JUDICIAL MAGISTRATE

As per Section 12 of the Code in every district other than metropolitan areas, Judicial
Magistrate of the first class shall be appointed as the Chief Judicial Magistrate. The High Court
is also empowered to designate Judicial Magistrate of First Class as Additional CJM and by
such designation, the Magistrate shall be empowered to exercise all or any of the powers of a
Chief Judicial Magistrate.

SUB-DIVISIONAL JUDICIAL MAGISTRATE

In a sub-division, the judicial magistrate of the first class may be designated as the Sub-
divisional Judicial Magistrate. Such magistrate shall be subordinate to the Chief Judicial
Magistrate and will thus work under its control. Further, the Sub-divisional Judicial Magistrate
shall control and supervise the work of the Judicial Magistrates (except the Additional CJM)
in that subdivision.

SPECIAL JUDICIAL MAGISTRATES

By Section 13 the High Court is empowered to confer upon any person who holds or has held
any post under the Government, the powers conferred or conferrable by or under this Code on
a Judicial Magistrate of first or second class. Such Magistrates shall be called Special Judicial
Magistrate and shall be appointed for a term not exceeding one year at a time. In relation to
any metropolitan area outside the local jurisdiction of a Special Judicial Magistrate, he may be
empowered by the High Court to exercise the powers of a Metropolitan Magistrate.
LOCAL JURISDICTION OF JUDICIAL MAGISTRATE

According to Section 14, the Chief Judicial Magistrate shall define the local limits of the areas
within which the Magistrates appointed under Section 11 or under Section 13 may exercise all
or any of the powers with which they may be vested under this Code. The Special Judicial
Magistrate may hold its sitting at any place within the local area for which it is established.

The jurisdiction in case of Juveniles (Section 27)– This section directs that a juvenile (person
below the age of 16) can not be given a death penalty or a punishment of imprisonment for life.
Chief Judicial Magistrate or any other Court specially empowered under the Children Act,
1960 (60 of 1960) tries such type of cases.

SUBORDINATION OF JUDICIAL MAGISTRATE

Section 15(1) provides that a Sessions Judge shall be superior to the Chief Judicial Magistrate
and the Chief Judicial Magistrate shall be superior to the other Judicial Magistrate. This can be
clearly understood by the above-mentioned diagram explaining the hierarchy of courts.

COURTS OF METROPOLITAN MAGISTRATE

They are established in every metropolitan area. The presiding officers shall be appointed by
the High Court. The jurisdiction and powers of such Metropolitan Magistrates shall extend
throughout the metropolitan area. The High Court shall appoint Metropolitan Magistrate as the
Chief Metropolitan Magistrate.

SPECIAL METROPOLITAN MAGISTRATES

The High Court may confer upon Special Metropolitan Magistrates the powers which a
Metropolitan Magistrate can exercise in respect to particular cases or particular classes of cases.
Such Special Metropolitan Magistrates shall be appointed for such term, not exceeding one
year at a time.
The Special Metropolitan Magistrate may be empowered by the High Court or the State
Government to exercise the powers of a Judicial Magistrate of the first class in any area outside
the metropolitan area.

SUBORDINATION OF METROPOLITAN MAGISTRATE

Section 19 of the Code provides that the Sessions Judge shall be superior to the Additional
Chief Metropolitan Magistrate and Chief Metropolitan Magistrate and other Metropolitan
Magistrates shall be subordinate to the CMM.

The Chief Metropolitan Magistrate has the power to give special orders or make rules regarding
the distribution of business among the Metropolitan Magistrates and allocation of business to
an Additional Chief Metropolitan Magistrate.

EXECUTIVE MAGISTRATE
As per Section 20, in every district and in every metropolitan area, Executive Magistrates shall
be appointed by the State Government and one of them shall be appointed as the District
Magistrate. An Executive Magistrate shall be appointed as an Additional District Magistrate
and such Magistrate shall have such of the powers of a District Magistrate under the Code.

As executive magistrates are supposed to execute administrative functions they were neither
given power to try accused nor pass verdicts. They are mainly concerned with administrative
functions. The executive magistrates have the power to determine the amount of bail according
to the provisions of the warrant issued against the accused, pass orders restraining people from
committing a particular act or preventing persons from entering an area (Section 144 Cr.P.C),
they are the authority to whom people are taken to when they are arrested outside the local
jurisdiction, the executive magistrates are the only one with the power to disperse a crowd or
an unlawful assembly, further, they are authorized to use force while doing the same according
to the gravity and requirements of the situation. Executive Magistrates are assisted by the police
while executing their functions.

As per Section 21, Special Executive Magistrates shall be appointed by the State Government
for particular areas or for the performance of particular functions.
LOCAL JURISDICTION OF THE EXECUTIVE MAGISTRATE

Section 22 of the CrPC empowers the District Court to define the areas under which the
Executive Magistrates may use all or any of the powers which are exercisable by them under
this code but under some exceptions, the powers and jurisdiction of such Magistrate shall
extend throughout the district.

SUBORDINATION OF EXECUTIVE MAGISTRATE

As per Section 23, the Executive Magistrates would be subordinate to the District Magistrate
however Additional District Magistrate shall not be subordinate to the District Magistrate.
Every Executive Magistrate but, the Sub-divisional Magistrate shall be subordinate to the Sub-
divisional Magistrate.

The executive magistrates shall follow the rules or special orders given by the district
magistrate, regarding the distribution of business among them. The district magistrate also has
the powers to make rules or special orders relating to the allocation of business to an Additional
District Magistrate.

HIERARCHY OF EXECUTIVE MAGISTRATE

Sentences which can be passed by the various courts

 1. Sentences passed by the High Courts and Sessions Judges (Section 28):

• Any sentence which is authorised by law can be passed by the High Court.

• A Sessions or Additional Sessions Judge can pass any sentence authorised by law.
But, while passing death sentence prior confirmation from High Court is required.

• An Assistant Sessions Judge has the authority to pass any sentence of imprisonment
for more than 10 years other than a death sentence or life imprisonment

2. Sentences passed by the Magistrates (Section 29) –

• The Court of Chief Judicial Magistrate can pass any sentence of imprisonment for
more than seven years but not a death sentence or life imprisonment.

• The Judicial Magistrate of first class can pass a sentence of imprisonment for a term,
less than three years, or a fine less than ten thousand rupees or both.

• The Judicial Magistrate of second class may pass a sentence of imprisonment for a
term, less than one year, or a fine less than five thousand rupees.

• The Chief Metropolitan Magistrate has the same powers as that of a Chief Judicial
Magistrate and of MM, in addition to the powers of the Magistrate of first class.

CONCLUSION
One of the main constitutional goals is proper administration of justice has to be in consonance
with the expectations of the society. The goal can be achieved if the citizens living in our
country can easily knock the doors of the courts whenever a dispute arises.

The criminal courts are constituted in such a way that every citizen can access it for justice.
Citizens are also empowered to appeal to higher authorities if they feel that justice is denied to
them by lower courts. Therefore, through this system, it has become easy for the citizens to
approach the Judiciary.