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Criminal Court Hierarchy in India

The hierarchy of Criminal Courts in India includes the Supreme Court at the top, followed by High Courts, and various lower courts such as Metropolitan and District Courts. The Supreme Court is governed by Article 124, while High Courts are bound by its judgments according to Article 141. Additionally, the judiciary is separated from the executive, with Judicial Magistrates handling matters involving evidence and penalties, while Executive Magistrates deal with administrative functions.

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51 views1 page

Criminal Court Hierarchy in India

The hierarchy of Criminal Courts in India includes the Supreme Court at the top, followed by High Courts, and various lower courts such as Metropolitan and District Courts. The Supreme Court is governed by Article 124, while High Courts are bound by its judgments according to Article 141. Additionally, the judiciary is separated from the executive, with Judicial Magistrates handling matters involving evidence and penalties, while Executive Magistrates deal with administrative functions.

Uploaded by

Suri
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

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 124 of 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.

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