CRIMINAL COURTS IN INDIA AND THEIR

POWERS
• SUPREME COURT
It is the highest judicial tribunal, established in
New Delhi and having the power to control all
the courts of India.
The law declared by supreme court is binding on
all courts within territory of India.
It does not take any case Prima Facie
It only takes cases referred from State High
courts.
 ITS POWERS
Supreme court can try any offence and pass any
sentence, authorized by the law
1. A death sentence can be passed
2. Imprisonment of any number of years can be
passed
3. Solitary confinement
4. Fine upto any amount
 HIGH COURTS

• There are 25 high courts at the state and union

territory level of India
• Each high court has jurisdiction over a state
• Usually High courts are located in State capital
• High court can award any punishment provided
by the IPC
• In criminal case when lower court has ordered
death sentence the high court has to confirm it
 SESSIONS COURT
• Every state has divisions of sessions court for
the districts.
• In addition to the sessions court one or more
Additional Sessions court may be there in a
district.
• The judges of the Sessions and additional
Sessions courts are appointed by the High
Court
 COURTS OF MAGISTRATES
• In every district there is one Chief Judicial
Magistrate
• In a Metropolitan city there is a Chief
Metropolitan Magistrate
• These 2 are 1st class Magistrates appointed by
the High court.
• They have power to award punishment of
imprisonment for up to 7 years .
• Judicial Magistrates of the 1st class can award
punishment of upto 3 years imprisonment and
fine upto Rs 10,000.
• A Second class Judicial Magistrate can award
punishment upto 1 year and fine upto Rs
5,000
 COURT OF JUVENILE OFFENDERS

• An offence not punishable with death or life

imprisonment, committed by a person who on
the date of appearance before the court is
under 16yrs of age may be tried by a chief
judicial magistrate empowered by the
Children Act 1960.
• The court provides for the treatment, training
and rehabilitation of the juvenile offenders
 INQUEST
• Inquest means investigation or inquiry into the
cause of death, where death has occurred in
suspicious circumstances
• In different countries and places different
officials are authorized to hold inquest.
• Accordingly, inquest may be held by Executive
Magistrate, police officer, Coroner or medical
Man. In India, Police inquest is the common
one.
 OATH
• The word oath includes a solemn affirmation
substituted by law for an oath, and any
declaration required or authorized by law to
be made before a public servant or to be used
for the purpose of proof, whether in a court of
justice or not.
 POLICE INQUEST
• A police officer investigates a case of suicide,
homicide or accidental death or death in a
suspicious circumstance, as per provision of 174
CrPC
• He should inform about it to the nearest executive
Magistrate and will himself proceed to the place of
death, on the spot he makes an investigation in
presence of two or more respectable persons of
the locality and form an opinion about the
probable cause of death
• He notes the injuries present on the body and
other relevant findings and the probable
weapon or agent used to cause the death
• The investigating police officer signs the report
prepared by him and takes the signatures of as
many persons as available
• He also collects any object or material from
near and around the spot which may
subsequently be used as evidence.
• The report is then sent to the district
magistrate .
• When no foul play is suspected the police
officer can allow disposal of the dead body
• In other circumstances he forwards the dead
body for post-mortem examination at the
nearest authorised centre
 MAGISTRATE INQUEST
• Section 174 CrPc provides that in case of
death in police custody or in case of death of a
housewife within 7 years of her marriage in
any circumstances raising a reasonable
suspicion that some other person has
committed the offense.
 CORONER’S INQUEST
• Coroner is appointed by the State Govt, legal
practitioners of minimum 5 years practise.
• A coroner inquires about the cause of death, the
extent of the offence involved in the death and
finds out , how, when and by whom the death was
caused.
• He is assisted by the members of the jury, who are
appointed by the coroner from the respectable
members of the society who are neither doctors
nor legal practitioners.
 WITNESS
• Any person can testify as a witness in a court
of law if the court considers that he is not
prevented from understanding questions , or
from giving rational answers due to tender or
extreme old age, disease of body or mind or
any other cause.
 TYPES OF WITNESS
• Common witness- he testifies about what he
himself has seen, heard or percieved in
relation to a case.
• Expert Witness- In questions of forming an
opinion on a point of foreign law, science or
art or to identify handwriting or finger
impression, etc, opinion of a person skilled in
the matter becomes relevant. Such a person
or witness is called expert witness
 HOSTILE WITNESS AND PERJURY
• A witness who willfully or with some motive
tell lies, suppresses facts partly or fully in the
court as a witness , may be declared a hostile
witness.
• If a person under oath gives false evidence in a
court of law (perjury), then he may be
punished with imprisonment extending upto 7
years.
 EVIDENCE
• Means any statement in relation to a matter
or fact under inquiry or a document or
something, for the inspection of the court
 TYPES
• ORAL-any statement which the court permits
or requires to be made before it by a witness
in relation to a matter of fact under inquiry
• DOCUMENTARY- All documents including
electronic records produced for the inspection
of the court
 MEDICAL CERTIFICATE
• When it is a fitness or ill-health certificate it
should include date, time and place of
examination, name, sex and age of the person
concerned, his complaints, brief history,
physical findings, laboratory findings,
diagnosis, treatment and further advise,
signature of the doctor, his qualifications and
speciality, sign of the patient with date,
 DEATH CERTIFICATE
• Cause, date, hour and place of death should
be mentioned. If the cause of death is not
clear, then post-mortem examination should
be advised in the certificate. If there is
suspicion of any foul play, then police should
be informed.
 MEDICO-LEGAL REPORTS
• These are the medical reports prepared by the
doctor usually on the request of an authorized
person like a Judge, Magistrate or police officer
in connection with some civil or criminal cases.
• This report contains three parts, the first part
contains name, age, sex, address, religion,
caste of the person examined, name of the
accompanying and identifying person/police
officer.
• Brief history of the case as provided by the
police, date, hour and place of examination,
consent for examination, 2-3 identification
marks of the person examined, person in
whose presence examined, case reference of
the police station.
• The second part consists of observations or
findings of the doctor
• The third part consists of the opinion or
inference of the doctor, formed on the basis of
the findings.
• This is why a doctor is considered an expert
witness for the opinion he forms on his
findings with application of his scientific
knowledge and experience.
 DYING DECLARATION
• This is a statement made by a person, who is
about to die, relating to the cause or
circumstance bearing with cause of his
impending death. Preferably a magistrate
should record it in presence of a doctor and
two other witnesses. The doctor then certifies
about the mental soundness of the person.
 DYING DEPOSITION
• It is a statement by a dying person about the
circumstances leading to his death, made
under oath in presence of a magistrate where
the accused person or his lawyer will be there
to cross question him on his statement. Here
also the doctor has to certify about the mental
soundness of the person
 SUMMONS
• It is a directive or order issued by a court
requiring the presence of the witness in the
court on a specific date at a specific time, to
state as to what he knows in relation to a case
under trial in the court. The summons is
issued by the judge or magistrate , it also
bears the case reference and the name of the
accused person.
 CONDUCT MONEY
• For attending the court, the witness is allowed
conduct money to meet up travelling and
other expenses.
 Guidelines for doctor as a witness
• A doctor should be well conversed with the subject
in connection with which he has been summoned
and he should attend the court with confidence.
• He should not fumble or evade a question or use
any exaggerating word. In the witness box he
should stand erect and answer the questions slowly
but steadily and laudibly. He should answer the
questions straight and should not unnecessarily give
descriptive or twisting answers. He should not go
beyond the limit of his knowledge or expertise.
• The lawyer may often read a paragraph from a
book and ask his opinion on that. Before
giving his opinion the dr should read the
paragraph and assess in which context it has
been written.
• A doctor does not enjoy the privilege of
professional secrecy in the absolute and truest
sense.
 OATH
• It is compulsory for the witness to take an
oath in the witness box before he gives his
evidence.
• He is required to swear by the God that he will
tell the truth, the whole truth and nothing but
the truth.
 PERJURY
• A witness who after taking the oath makes a
false statement which he knows is false is
liable to be prosecuted under Sec 193 IPC with
imprisonment upto 7 yrs and fine
 JURY
• Juries are of two kinds
• 1. Special- which is composed of nine persons
but never less than seven from a special list.in
every case in which the offense is to be tried
and punishable with death, trial takes place
before a special jury.
• In all other cases , trial takes place before a
common jury