Constitution of Criminal Courts and Jurisdiction – Essay

It is of utmost importance that, an advocate should have knowledge about the hierarchy of criminal courts in India as well as the jurisdiction. It is the Code of Criminal Procedure, 1973, which defines the territorial jurisdiction and also general jurisdiction.

Section 6 of Cr.P.C. envisaged that there shall be the following classes of criminal Courts, viz., Courts of Session; Judicial Magistrates of the first class, Judicial Magistrates of the second class, and the Executive Magistrates. In the Metropolitan area, the hierarchy is Metropolitan Sessions Judge, and Metropolitan Magistrates. This is apart from the High Courts and the Supreme Court.

Section 9, Cr.P.C. further contemplates that the High Court may constitute as many Assistant Sessions Courts as are necessary (depending upon the workload).

The Court of Sessions (which includes the Sessions Court, Additional Sessions Court and the Assistant Sessions Court) shall have to be presided over by a single judge, (and not by benches of two or more judges) The Sessions Judge of one sessions division may be appointed by the High Court to be the Additional Sessions Judge of another Sessions Division, though in practice, the High Court does not so appoint a sessions judge of a division to be the additional sessions judge of another sessions division.

When the sessions judge is not able to discharge the functions owing to indisposition or non-availability, his duties can be discharged by the Additional Sessions Judge, and in his absence by the Assistant Sessions Judge, and also in his absence, by the Chief Judicial Magistrate of the area.

The Code also contemplates that each sessions division (district) shall have one of the Judicial Magistrates of First Class as the Chief Judicial Magistrate of the division. (Sec. 12).

In practice, in the State of Andhra Pradesh, the Additional Sessions Judge, where there is only one Additional Sessions Judge, and the First Additional Sessions Judge, where there are more than one Additional Sessions judge in the Division also to be the Chief Judicial Magistrate of the division.

In the Metropolitan cities of Hyderabad, Visakhaptnam and Vijayawada, the post of the Chief Judicial Magistrate is held by the Chief Metropolitan Magistrate (who is Additional District Judge.) In Hyderabad, it is interesting to note that when a special Court known as Mahila Court was created, the duties were entrusted to an Assistant Sessions Judge, and that Judge was termed as Additional Chief Metropolitan Magistrate. Now a Sessions Judge is entrusted with Mahila Court.

Apart from the above mentioned judicial officers, the Cr.P.C. also provides under Section 13 for the appointment of Special Judicial Magistrates of the Second Class (or of the First Class).

A person can be appointed as Special First Class Magistrate or as Special Second Class Magistrate only if such persons possess the requisite legal qualification as prescribed by the High Court provides.

In the State of Andhra Pradesh, there is now no practice of appointing Special First Class Magistrates. Only Special Second Class Magistrates are appointed by the Government in consultation with the High Court. At present, there are 109 such courts in the State. For appointment as a Special Magistrate of Second Class in the State, one should have exercised magisterial powers while in service.

The Sessions Judge, the Additional Sessions Judge(s) and the Chief Judicial Magistrate have territorial jurisdiction over the entire sessions division, while other courts including Assistant Sessions Judges, Munsif Magistrates, Metropolitan Magistrates and Special Magistrates have territorial jurisdiction over the area as decided by the High Court from time to time in consultation with the State Government.

The Criminal Procedure Code has schedule known as First Schedule and every offence mentioned in the First Schedule of the Code can be tried by the Court as ordained in the First Schedule.

If any special law provides any Court to try any offence under such special law, the offence can be tried by such special Court. If the special enactment is silent as to the competent Court, such offence can be tried in terms of Section 26 Cr.P.C. which incidentally includes High Court and the Court by which such offence is triable as shown in the First Schedule.

Any offence not punishable with death or imprisonment for life committed by a person who is below 16 years of age at the time he is brought before the Court shall be tried under Section 17 Cr.P.C. by the Chief Judicial Magistrate or by the Special Court constituted under Children Act, 1960.

As Juvenile Justice Act, 1986 is now in force in the state of Andhra Pradesh, juvenile offenders, i.e., offenders who were below 16 years of age at the time of the commission of offence (and not at the time of trial) shall be tried by the Juvenile Courts constituted under the said act.

The code contemplates that the High Court may pass any sentence authorised by law. A Sessions Judge and 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.

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. (Sec. 28).

he Chief Judicial 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. (Sec. 29). Insofar as these courts’ jurisdiction relate to fine, there is no embargo. The courts can impose any amount of fine subject to the limits provided by the penal statutes.

A magistrate of first class can pass a sentence of imprisonment for a term not exceeding three years and fine not exceeding Rs. 5,000/-. A magistrate of second class can impose imprisonment upto 1 year as well as fine upto Rs. 1,000/- (Sec. 29).

The territorial jurisdiction of the High Court is over the whole of the State where as the Sessions Courts and Chief Judicial Magistrate’s Courts have jurisdiction over the sessions division, which is usually the revenue district.

Other Courts have jurisdiction over the area as determined by the State Government in consultation with the High Court. That apart, the courts have jurisdiction to try cases in respect of offences which are not committed within the territorial jurisdiction of the Court, which shall be considered while discussing the concept of charge.