CrPCJudicial ExamLegal Notes

PCS (J) Notes: Constitution of Criminal Courts

 

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Sec 6. Classes of Criminal Courts

Besides the High Court and the Courts constituted under any law other than the Code of criminal Procedure, there are four classes of criminal Courts in India, namely

  1. Courts of Session;
  2. Judicial magistrate of the first class and in any metropolitan area, Metropolitan magistrate;
  3. Judicial Magistrate of the Second Class; and
  4. Executive Magistrate

 

Sec 7. Territorial Divisions

Every state shall be a session division or consist of various sessions divisions and every session division shall be a district or consist of districts; but every metropolitan area shall be a separate session division and district.

Sec 7 (2) provides that the State government may after consultation with the High Court, after the limits or the number of such divisions and districts or divide any district into sub-division and may alter the limits or the number of such sub-divisions and district.

Sec 8. Metropolitan Area

The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the state comprising a city or town whose population exceeds one million shall be a metropolitan area for the purpose of the Code. Sec 8 (2) provides that from the commencement of this Code presidency towns of Bombay, Calcutta and madras and the city of Ahmedabad shall be deemed to be metropolitan area. According to sec 8 (3), the state government may exceed, reduce or alter the limits of the 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. Where, after declaration of an area to be a metropolitan area population of such area falls below one million shall on and from such date as the State Government may by notification, specify, cease        to be a metropolitan area, but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any court or Magistrate in such area shall continue to be dealt with under the Code, as if such cesser had not taken place. Where the State Government reduces or alters the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending, immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under the Code as if such reduction or alteration had not taken place.

Sec 9. Court of Session.

The State shall establish a Court of Session for every sessions division. The Sessions Court is to be presided over by a Judge appointed by the High Court. The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercisejurisdiction in the Court of Session. An Assistant Sessions Judge is subordinate to the Session Judge. Session Judge of one division may also be appointed as Additional Session Judge of another division by the High Court. Where office of the Sessions Judge of another division by the High Court. Where office of the Session Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is or may bee made or pending before such Court of Session by an additional or Assistant Session Judge or if there is no additional of Session Judge by Chief Judicial Magistrate, in the Sessions division.

Sec 10. Subordination of Assistant Sessions Judge

The Assistant Sessions Judges are subordinate to the Sessions Judges in whose court they exercise jurisdiction. The Sessions Judge may, from time to time make rulers consistent with this code, as to the distribution of business among such Assistant Sessions Judges.

The Session Judge may also make provision for disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate. Additional Session Judge has concurrent judicial power but not concurrent administrative powers. Administrative powers are general supervision of the Court, transfer of cases, assignment and marking of cases. All these administrative function are performed by the Session Judge.

Sec 11. Courts of Judicial Magistrate

Section 11 (1) provides that in every district the State Government may, after consultation with the High Court, establish as many courts of Judicial Magistrate of the First class and of the second class as it may consider necessary; the proviso to section 11 (1) provides that the State Government may also, 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. These courts will not be given any other work in CrPC. According to section 11 92) the presiding officers of such courts (including the special courts) are to be appointed by the High Courts. Thus, it is clear that the State Government has no authority to appoint the Judicial Magistrates.

Sec 12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate etc.

The High Court is also requi9red to appoint a Judicial Magistrate of the first classs to be called chief Judicial Magistrate (CJM) of the district. His main function is to guide, supervise and control other Judicial magistrates. He may also try important cases. The Judicial Magistrate of the first class may also be appointed as Additional Chief Judicial Magistrate (ACJM) and such Magistrate shall have all or any of the powers of CJM as directed by the High Court. CJM is subordinate to the Session Judge; and every other Judicial Magistrate is subordinate to CJM but subject to the general control of the Session Judge.

Sec 13. Special Judicial Magistrate

This section makes provisions for Special Judicial Magistrates. According to sub-section (1). 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 bby or under the Code on a Judicial Magistrate of the First Class or of the second Class, in respect to particular cases, in any local area, not being a metropolitan 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.

According to sub-section (2) of section 13 such Magistrate shall be appointed for such term, not exceeding one year at a time, as the High Courts may direct, and as per section 13 (3) the High Court may empower a Special magistrate to exercise the power of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.

Sec 14. Local Jurisdiction of Judicial Magistrate

This section makes provisions for the local jurisdiction of Judicial magistrates. Subject to control of the High Court, the Chief Judicial magistrate may define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise their powers.

Sec 15. Subordination of Judicial Magistrates

This section makes provisions for the subordination of Judicial Magistrates. For this purpose section 15 (1) states that every Chief Judicial magistrate shall be subordinate to the Session Judge; and every other Judicial Magistrate shall subject to the general control of the Session Judge, be subordinate to the Chief Judicial magistrate.

Sec 16. Courts of Metropolitan Magistrates

For metropolitan areas, the State Government after consultation with the High Court may establish such court of Metropolitan Magistrate at such places and in such numbers as it deems fit. The presiding officers of these courts are appointed by the High Courts and not by the State Government.

Sec 17. Chief Metropolitan magistrate and Additional Chief Metropolitan Magistrate

In a metropolitan area the High Court appoints a Metropolitan Magistrate as Chief Metropolitan Magistrate (CMM). It may also appoint Additional Chief Metropolitan Magistrate who shall generally have all the powers of CMM.

Sec 18. Special Metropolitan Magistrate

This section makes provision for the conferment upon any person all or any of the powers conferred or conferrable by or under this Code on a metropolitan Magistrate in respect to particular cases or to particular classes of cases in any metropolitan area within its local jurisdiction. Such magistrate shall be called Special Metropolitan magistrates and shall be appointed for the term, not exceeding one year at a time, as the High Court may by general or special order direct. 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.

Sec 19. Subordination of Metropolitan Magistrates

The CMM and the ACMM are subordinate to the Sessions Judge and every Metropolitan Magistrate is subordinate to the CMM subject to the general control of  the Session Judge.

Sec 20. Executive Magistrate

The executive Magistrate are appointed by the State Government for every district and metropolitan area and one of them is appointed as District Magistrate. The State Government may also appoint Additional District Magistrate (ADM) who shall have such powers as are given to the DM under this Code or any other law as may be directed by the State. As per CrPC (Amendment) Act, 2005 following amendment has been made in section 20 (4). The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.

Some of the power exercised by the Executive Magistrate under the CrPC are as follows:

Under section 107/151

Under section 107/150

Under section 107/111

Under section 151 the executive magistrate may straightway make arrest to prevent a cognizable offence without giving any notice. This is in order to maintain peace and tranquillity in the area.

Under section 150 the police officer sends a notice to his senior after he receive information of a design to commit any cognizance offence and then it is the duty of the officer to act upon the same.

Under section 107 the Executive Magistrate may require  any person, who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act to show cause as to why he should not be ordered to execute bond for keeping the peace for such period not exceeding one year.

Under section 111 when any Magistrate requires a person to show cause, then he shall make an order in writing setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties required.

Sec 21. Special Executive Magistrate

This section makes provision for the appointment etc of Special Magistrates. The task of appointment is on the state Government and is at his direction. It may confer on such Magistrate such powers as are conferrable under this code on Executive Magistrate as it may deem fit.

Sec 22. Local Jurisdiction of Executive Magistrate

The object of this section is to make provision for the local jurisdiction of Executive magistrates. It is the District Magistrate who subject to the control of State Government may define the local limits of the areas within which the Executive Magistrate may exercise all or any of the powers which they may invested under this code.

Sec 23. Subordination of Executive Magistrate

The object of this section is to make provision regarding to the subordination of Executive Magistrate. Under this section all Executive Magistrate have been made subordinate to the District magistrate except the Additional District Magistrate and every Executive Magistrate, other than the sub-divisional Magistrate exercising power in a sub-division shall be subordinate to the Sub Divisional Magistrate however, subject to the general control of the District magistrate.

The District Magistrate has been empowered to make rules or to give special orders as to the distribution of business among the Executive Magistrate subordinates to him and as to the allocation of business to an Additional District Magistrate.

 

 

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