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Criminal Law

Constitution of Criminal Courts Under BNSS

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 05-Sep-2024

Introduction 

  • The Judicial system in India is established in such a way that it caters the needs of its citizens. 
  • We have a complex and lengthy system of courts. 
  • The court has been created in a way that any person can approach the courts easily. 
  • Indian has the most efficient judicial system in the world. 

Types of Courts in India 

  • As per Section 6 of Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS) states that besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely: —  
    • Courts of Session 
    • Judicial Magistrates of the first class 
    • Judicial Magistrates of the second class 
    • Executive Magistrates.  

Hierarchy of Courts 

 

Lower Level 

Courts of Judicial Magistrate 

  • Section 9 provides for Courts of Judicial Magistrates as: 
    • Clause (1) states that in every district there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify. 
    • Provided that the State Government may, 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, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.  
    • Clause (2) states that the presiding officers of such Courts shall be appointed by the High Court.  
    • Clause (3) states that the High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.

Chief Judicial Magistrate

  • Section 10 of BNSS provides for Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. as: 
    • Clause (1) states that in every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.  
    • Clause (2) states that the High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time being in force as the High Court may direct.  
    • Clause (3) states that the High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.  
    • Clause (4) states that subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf. 

Special Judicial Magistrate 

  • Section 11 of BNSS provides for Special Judicial Magistrates as: 
    • Clause (1) provides that 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 by or under this Sanhita on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local 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.  
    • Clause (2) provides that Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct. 

Subordination of Judicial Magistrates 

  • Section 13 of BNSS provides that Subordination of Judicial Magistrates as: 
    • Clause (1) states that every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.  
    • Clause (2) states that the Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him.

Executive Magistrate

Executive Magistrate 

  • Section 14 of BNSS provides for executive magistrate as: 
    • Clause (1) states that in every district, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.  
    • Clause (2) states that The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Sanhita or under any other law for the time being in force as may be directed by the State Government.  
    • Clause (3) states that whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Sanhita on the District Magistrate.  
    • Clause (4) states that the State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate.  
    • Clause (5) states that 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. Special Judicial Magistrates. Local jurisdiction of Judicial Magistrates. Subordination of Judicial Magistrates. Executive Magistrates.  
    • Clause (6) states that nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate.

Special Executive Magistrates

  • Section 15 of BNSS states for Special Executive Magistrates as: 
    • It states that the State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Sanhita on Executive Magistrates, as it may deem fit.

Middle Court

Court of Sessions 

  • Section 8 of the BNSS provides for Court of Sessions as: 
    • Clause (1) states that the State Government shall establish a Court of Session for every sessions division.  
    • Clause (2) states that every Court of Session shall be presided over by a Judge, to be appointed by the High Court.  
  • Additional Sessions Judge 
    • Clause (3) of Section 8 of BNSS states that the High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session. Trial of offences under Bharatiya Nyaya Sanhita and other laws. Saving. Classes of Criminal Courts. Territorial divisions. Court of Session. 
    • Clause (4) states that the Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct. 
    • Clause (5) states that where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional Sessions Judge or if there be no Additional Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.  
    • Clause (6) states that The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein. 
    • Clause (7) states that the Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the distribution of business among such Additional Sessions Judges.  
    • Clause (8) states that the Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional Sessions Judge or if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application. 
  • The concept of Assistant Sessions Judge has been removed from the provisions of BNSS which were earlier present under Code of Criminal Procedure, 1973 (CrPC). 

Assistant Sessions Judge 

Metropolitan Magistrate 

  • The concept of Metropolitan Magistrate, earlier present in the CrPC, no longer exists under the new criminal act of BNSS.

Higher Level 

  • Article 124 of the Constitution of India, 1950 (COI) states the provisions regarding establishment of the Supreme Court in India. 
  • Article 214 of the COI provides that there must be high Court for every state. 

Conclusion  

The goal of the constitution is the administration of justice. Justice can be achieved by approaching its courts. With the help of the justice system, it has become easy for the people of the nation to stand against the wrong and claim their rights. The system is framed so that an aggrieved person by the lower court may appeal before the higher courts in case of dissatisfaction.