ALIGARH MUSLIM UNIVERSITY
ALIGARH
(2019-20)
GCT-I ASSIGNMENT ON CRIMINAL
PROCEDURE CODE
“constitution of criminal
courts”
Submitted To:- Submitted By:-
Mr. Zaki Uddin Khairoowala Sir Abhay Jadaun
B.A.LL.B VIII Semester
16 BALLB 101
Enrol No.:- GJ6026
CONTENTS
➢ Territorial Divisions
➢ Classes of Criminal Courts
➢ Court of Session
➢ Courts of Judicial Magistrates
➢ Courts of Metropolitan Magistrates
➢ Subordination of Metropolitan Magistrates
➢ Special Judicial Magistrates and Special Metropolitan Magistrates
➢ Sentences Which the Court may Pass
➢ Hierarchy of Criminal Courts
➢ Bibliography
Territorial Divisions
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.
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 Cr.Pc, 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
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
1
See Keshar Singh v. State, (1988) 3 SCC 609
2
Gokaraju rangaraju v. state of A.P, (1981) 3 SCC 132
3
Rahul Sharma v. State of Rajasthan, 1978 Cri LJ 1276
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 Magistrate[
Section 12(1)]. He is head of the Magistracy in the district5. 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
4
41st Report, p.22, para 2.24.
5
Delhi Judicial Service Association v. State of Gujarat, (1991) 4 SCC 406
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
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 Metropolitan
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 Court 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.
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
Bibliography
• Books:-
Ratanlal, Dhirajlal, “Code of Criminal Procedure”, LexisNexis Butterworths,
19 Edn., 2016
Kelkar R.V, “Criminal Procedure”, Eastern Book Company, 15th Edn., 2019
• Websites:-
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