Introduction

Indian Judiciary is one of the most efficient Judicial systems in the world. The Judiciary derives its powers from
the Constitution of India. The existence of Courts is required to check the misuse of the powers conferred by the
Legislature or the Executive. The Indian Judiciary is the guardian of the Constitution of India, along with being
a custodian of the Fundamental Rights of the citizens.The Judiciary is well established with quite a lengthy and
complex hierarchy of courts. The judicial system has been established in such a way so that it caters the need of
each and every person of the country. The Judicial system in India is in the form of a pyramid, with the
Supreme Court being at the top of the hierarchy. The hierarchy has been created in a manner that it is possible
for a person even from a remote area to approach the courts to get their disputes resolved. The system is well
equipped to deal with issues of the Union as well as State laws.

Hierarchy of Criminal Courts

Classes of Criminal Courts (S. 6 BNSS)

Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in
every State, the following classes of Criminal Courts, namely:-

(i) Courts of Session;

(ii) Judicial Magistrates of the first class;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.

Thus, criminal courts can be categorized or classified, in the hierarchy, as given below:

 Supreme Court.
 High Court.
 Sessions Court (also called Court of Session).
 Judicial Magistrates of First Class
 Judicial Magistrates of Second Class.
 Executive Magistrates

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Supreme Court:

The Supreme Court of India has the jurisdiction to deal with criminal cases. The jurisdiction and powers of this
court are very well mentioned in the Indian Constitution. Section 420 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 provides provisions related to appeal against conviction by the High Court in certain cases in the
Supreme Court. Section 446 of Bharatiya Nagarik Suraksha Sanhita, 2023 also grants the Supreme Court the
power to transfer cases and appeals from one High Court to the other High Court.

High Court:

High Courts are established for each state by the Constitution of India. Article 227 of the Indian Constitution
provides that except for the court formed for the armed forces, every High Court must have supervision over all
courts and tribunals throughout the territories over which it exercises jurisdiction. The Bharatiya Nagarik
Suraksha Sanhita, 2023 imposes a duty on the High Court under section 529 to exercise continuous control over
the courts of Judicial Magistrates subordinate to it. The Sanhita has also granted several powers and duties to
the High Court, including those related to appeals and amendments. The High Court has the power to pass any
sentence authorised by law.

Court of Session:

The Court of Sessions is said to be the highest court of criminal jurisdiction in a district. It is also known as the
court of first instance to try serious criminal offences. Serious criminal offences mean offences whose
punishment is imprisonment exceeding seven years including life imprisonment. The Court of Sessions, as
established under the Bharatiya Nagarik Suraksha Sanhita, 2023 (CrPC, 1973), stands as a cornerstone in the
criminal justice system of India. Section 6 of BNSS, provides for Subordinate Courts, apart from the High Court
in every state. The provisions related to the Court of Session are contained under section 8 of BNSS.

Courts of Judicial Magistrate:

Section 9 provides for Courts of Judicial Magistrates as:

 Clause (1) states that in every district 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

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 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.
 Clause (2) states that the presiding officers of such Courts shall be appointed by the High Court.
 Clause (3) states 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.

Chief Judicial Magistrate

Section 10 of BNSS provides for Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. as:

 Clause (1) states that in every district, the High Court shall appoint a Judicial Magistrate of the first class
to be the Chief Judicial Magistrate.
 Clause (2) states that 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 Sanhita or under any other law for the time being in force as the High
Court may direct.
 Clause (3) states that the High Court may designate any Judicial Magistrate of the first class in any sub-
division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this
section as occasion requires.
 Clause (4) states that 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
of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the
High Court may, by general or special order, specify in this behalf.

Special Judicial Magistrate

Section 11 of BNSS provides for Special Judicial Magistrates as:

 Clause (1) provides that 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 or conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the
second class, in respect to particular cases or to particular classes of cases, in any local area.
 Provided that no such power shall be conferred on a person unless he possesses such qualification or
experience in relation to legal affairs as the High Court may, by rules, specify.

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  Clause (2) provides that Such Magistrates shall be called Special Judicial Magistrates and shall be
appointed for such term, not exceeding one year at a time, as the High Court may, by general or special
order, direct.

Executive Magistrates:

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.

Section 14 of BNSS deals with appointment of Executive Magistrate. The State Government has the power to
appoint as many persons as it thinks fit to be Executive Magistrates and to appoint one of them as District
Magistrate. It may also appoint anyone of them as Additional District Magistrate who shall have such of the
powers of a District Magistrate under this Code or any other law for the time being in force as may be directed
by the State Government. It could also place an Executive Magistrate in charge of Sub-Division and relieve him
of such a charge. When a Magistrate is placed in charge of a Sub-Division, he shall be called the Sub-Divisional
Magistrate. The State Government has also the power to confer on the Commissioner of Police all or any of the
powers of an Executive Magistrate.

All the Executive Magistrates in the District, except the Additional District Magistrate will be subordinate to the
District Magistrate. While exercising the powers in a Sub-Division they will also be subordinate to Sub-
Divisional Magistrate, subject however, to the general control of the District Magistrate.

In Mammoo v. State, AIR 1980 Ker 18 case, the Court observed that the functions exercisable by the
Executive Magistrate under the Code (Sanhita) are not necessarily executive. They are invested with judicial
functions also.

Power of Courts

Section 21 of BNSS states about the courts by which offences are triable as:

 The offences are triable by -

 The High Court
 The Court of Session
 Any other Court by which such offence is shown in the First Schedule to be triable.
 Offence under Section 64, Section 65, Section 66, Section 67, Section 68, Section 69, Section 70 or
Section 71 of the Bharatiya Nyaya Sanhita, 2023 (BNS) shall be tried as far as practicable by a Court
presided over by a woman.

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  When a specific court is specified under any statute then the offences shall be triable under them.

Sentences by High Court, Sessions Judges and Magistrate

 Section 22 of the BNSS states the Sentences which High Courts and Sessions Judges may pass -
o The High Court, Sessions Judge and Additional Sessions Judge have the power to pass any order as
per the law.
o To pass the death sentence Sessions Judge and Additional Sessions Judge have to take the
confirmation from the High Court.
 Section 23 of BNSS states that Sentences which Magistrates may pass
o Court of a Chief Judicial Magistrate
 May pass any sentence authorized by law except a sentence of death or of imprisonment for life
or of imprisonment for a term exceeding seven years.
o 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 fifty thousand rupees, or of both, or of community service.
o
 May pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding
ten thousand rupees, or of both, or of community service.
 Section 24 of the BNSS states the provisions related to Sentence of imprisonment in default of fine
o Power of Court of Magistrate
 This section empowers that the Court of Magistrate may award such term of imprisonment in
default of payment of fine as is authorized by law.
 It is further provided that:
 It is not in excess of the powers of the Magistrate under Section 23.
 It 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.
 The imprisonment awarded under this section may be awarded in addition to the sentence passed
by the magistrate under Section 23.

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 Section 26 of the BNSS states that mode of conferring powers
o Power of State Government or High Court
 The High Court or the State Government, as the case may be, may, by order, empower persons
especially by name or in virtue of their offices or classes of officials generally be their official
titles.
 Every such order shall take effect from the date on which it is communicated to the person so
empowered.

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Conclusion

The goal of the constitution is the administration of justice. Justice can be achieved by approaching its courts.
With the help of the justice system, it has become easy for the people of the nation to stand against the wrong
and claim their rights. The system works in such a way that no one can exercise anything beyond their
jurisdiction and to prevent any arbitrary action by any judicial member.

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Bibliography
1. Case Laws

 Mammoo v. State, AIR 1980 Ker 18.

2. Statutes

 The Bharatiya Nagarik Suraksha Sanhita,2023.

3. Web Sources

 https://thelegalquotient.com/criminal-laws/bharatiya-nagarik-suraksha-sanhita/criminal-
courts-under-bharatiya-nagarik-suraksha-sanhita/3810/
 https://blog.ipleaders.in/power-criminal-courts-india/

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