Source: Supreme Court

Why in News?

Recently a division bench of Abhay S. Oka and Ujjal Bhuyan was hearing a Special Leave Petition (SLP) against the judgment of the Allahabad High Court.

• The Supreme Court heard this in the case of Sakhawat v. The State of Uttar Pradesh.

What is the Background of Sakhawat v. The State of Uttar Pradesh Case?

• The appellant was convicted of murder and attempt to murder, though was later released on bail.
• However, while hearing his appeal, the High Court found the prosecution’s case reliable enough to dismiss the appeal and cancelled the bail of the appellant.
• Hence, the appellant approached SC.
• The SC Registry called for the soft copy of the record of the Trial Court.
• SC ordered that the soft copies thereof be provided to the learned counsel appearing for the parties.

What were the Court’s Directions?

• SC said the learned counsel appearing for the petitioners shall place on record the printed version of all the depositions of the prosecution witnesses and other relevant documents.
• The court further said that it will be appropriate if the Registry of this Court stops referring to the Trial Courts as ‘Lower Courts’.
  • Even record of the Trial Court should not be referred to as Lower Court Record (LCR). Instead, it should be referred to as the Trial Court Record (TCR).
• The court directed that the Registrar (Judicial) to take note of this order. A copy of this order be sent to him.

What is the Hierarchy of Criminal Courts in India?

• Supreme Court of India:
  • SC is not literally covered under hierarchy of criminal courts mentioned under the Code of Criminal Procedure, 1973 (CrPC) however, it is indirectly mentioned under Section 2 (e) (iii) that SC court is the highest court for criminal appeal.
  • The appeal to SC can be preferred under Section 374 and 379 CrPC.
  • It has appellate jurisdiction over high courts and can hear appeals against judgments of high courts in criminal matters.
• High Courts:
  • HC is defined under Section 2 (e) of the CrPC.
  • Classes of Criminal Courts under Section 6 of CrPC also mention HC.
  • HCs have original and appellate jurisdiction over subordinate courts within their respective states.
  • They can hear appeals against the judgments of subordinate courts within their jurisdiction.
  • HCs also have the power of superintendence over all courts and tribunals functioning within their territorial jurisdiction.
• Sessions Courts:
  • Sessions courts are established in every district or group of districts under Section 9 of CrPC.
  • Under Section 28 (2) of the CrPC, a Sessions Judge may pass any sentence authorized by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
• Additional Sessions Judge / Assistant Sessions Judge:
  • Additional Sessions Judges and Assistant Sessions Judges are appointed by the High Court under Section 9 (3) of the CrPC.
  • They assist the Sessions Judge in the discharge of his/her duties.
  • Additional Sessions Judge has the same powers as the Sessions Judge.
  • Under Section 28 (3) of the CrPC, 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.
• Chief Judicial Magistrate (CJM) / Chief Metropolitan Magistrate (CMM):
  • These magistrates are appointed for each district or metropolitan area.
  • Under Section 29 (1) of the CrPC, Court of a 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.
  • Section 29 (4) of CrPC states that, the Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate.
• Judicial Magistrates of First Class/Metropolitan Magistrate:
  • These magistrates are also appointed for each district or metropolitan area.
  • Under Section 29 (1) of the CrPC they handle cases involving offences punishable with imprisonment of up to three years, as well as other cases that are less serious in nature.
  • Section 29 (4) of CrPC states that the Court of a Metropolitan Magistrate shall have the powers of the Court of a JMFC.
• Judicial Magistrates of Second Class:
  • These magistrates are appointed for specific areas within a district.
  • Under Section 29 (3) of the CrPC the Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both.