Constitution of Criminal Courts and Their Powers

The judicial system of India is renowned for its strong framework, designed to cater to the diverse legal needs of its citizens. At the heart of this framework lies the constitution of criminal courts, which play a pivotal role in ensuring justice and maintaining law and order. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), replacing the earlier Code of Criminal Procedure, 1973 (CrPC), lays down the hierarchy and powers of various criminal courts in India. This article provides a comprehensive overview of the constitution of criminal courts and their powers under the BNSS.

Meaning of Criminal Courts

Criminal courts are judicial bodies established to handle cases related to violations of criminal law. Their primary role is to adjudicate offences, ensuring justice by determining the guilt or innocence of accused individuals and imposing appropriate punishments. 

These courts operate at various levels, including lower courts (Magistrate Courts), middle-level courts (Sessions Courts), and higher courts (High Courts and the Supreme Court). They deal with crimes such as theft, assault, fraud, and murder, among others. 

Criminal courts follow the due process of law, ensuring fair trials, legal representation, and adherence to procedural safeguards. Their objective is to maintain law and order, protect society, and uphold the rights of individuals under the framework of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and other relevant laws.

Hierarchy and Classification of Criminal Courts

The criminal courts in India are structured in a hierarchical manner, ensuring a smooth and systematic administration of justice. According to Section 6 of BNSS, 2023, criminal courts in every state are classified into the following categories:

1. Courts of Session
2. Judicial Magistrates of the First Class
3. Judicial Magistrates of the Second Class
4. Executive Magistrates

These courts function at various levels, from the district to the state and national levels, with clearly defined jurisdictions and responsibilities.

Lower-Level Criminal Courts

Courts of Judicial Magistrates

Under Section 9 of BNSS, Courts of Judicial Magistrates are established in every district. The State Government, in consultation with the High Court, determines their number and location. These courts are further divided into:

• Judicial Magistrates of the First Class
• Judicial Magistrates of the Second Class

Special Courts of Judicial Magistrates may also be established for handling specific cases or classes of cases. The presiding officers of these courts are appointed by the High Court, which also has the authority to confer judicial powers on civil court judges if deemed necessary.

Powers of Judicial Magistrates

• Judicial Magistrates of the First Class: Handle criminal cases involving severe punishments but lower than those handled by Sessions Courts. They can impose fines up to ₹10,000 and imprisonment for a term not exceeding three years.
• Judicial Magistrates of the Second Class: Handle less severe cases, with the power to impose imprisonment up to one year or fines not exceeding ₹5,000.

Chief Judicial Magistrate

As per Section 10 of BNSS, the High Court appoints a Chief Judicial Magistrate (CJM) in every district. Additional Chief Judicial Magistrates may also be appointed to assist the CJM.

Powers of the CJM

• Supervises and controls the work of Judicial Magistrates in the district.
• Can try cases involving imprisonment of up to seven years.
• May be designated to oversee sub-divisions within the district.

Special Judicial Magistrates

Under Section 11 of BNSS, the High Court can confer powers of Judicial Magistrates on individuals who hold or have held government posts, provided they meet the required qualifications. These magistrates, known as Special Judicial Magistrates, are appointed for specific terms, typically not exceeding one year.

Powers of Special Judicial Magistrates

• Handle particular cases or classes of cases as directed by the High Court.
• Jurisdiction is limited to the local area specified in their appointment.

Subordination of Judicial Magistrates

According to Section 13 of BNSS, all Judicial Magistrates are subordinate to the Chief Judicial Magistrate, who, in turn, is subordinate to the Sessions Judge. The CJM has the authority to distribute work among subordinate magistrates.

Executive Magistrates

The role of Executive Magistrates is defined under Section 14 of BNSS. These magistrates are appointed by the State Government to handle administrative functions related to law and order.

District Magistrate

The State Government designates one Executive Magistrate as the District Magistrate (DM), who serves as the administrative head of the district.

Additional District Magistrates

Additional District Magistrates may also be appointed, with powers equivalent to those of the DM.

Sub-divisional Magistrate

An Executive Magistrate can be placed in charge of a sub-division and is known as the Sub-divisional Magistrate (SDM).

Special Executive Magistrates

Under Section 15 of BNSS, the State Government may appoint Special Executive Magistrates for specific areas or functions, such as maintaining public order during festivals or handling sensitive situations.

Powers of Executive Magistrates

• Maintenance of law and order.
• Handling preventive measures, such as issuing orders under Section 144 (imposing curfews or restrictions on gatherings).
• Overseeing administrative and quasi-judicial functions in their jurisdictions.

Middle-Level Criminal Courts

Court of Sessions

The Court of Sessions, established under Section 8 of BNSS, is the principal court of criminal jurisdiction in a sessions division. The High Court appoints a Sessions Judge to preside over the court.

Powers of the Sessions Judge

• Try cases involving severe offences such as murder, rape, and robbery.
• Impose the death penalty, subject to confirmation by the High Court.
• Handle appeals against decisions made by lower courts.

Additional Sessions Judges may also be appointed to assist in the disposal of cases. They share the same powers as the Sessions Judge, with certain limitations as specified by the High Court.

Key Changes in BNSS

The BNSS introduces notable changes to the structure and functions of criminal courts, including the removal of certain positions:

1. Assistant Sessions Judge: This designation, previously present under CrPC, has been removed.
2. Metropolitan Magistrates: The concept of Metropolitan Magistrates has been abolished under BNSS.

Higher-Level Criminal Courts

High Court

Each state has a High Court, as mandated by Article 214 of the Constitution of India, 1950. The High Court exercises supervisory authority over subordinate courts and handles appeals, revisions, and writ petitions.

Powers of the High Court

• Original jurisdiction in constitutional and civil matters.
• Appellate jurisdiction over Sessions Courts and District Courts.
• Supervisory authority over all subordinate courts in the state.

Supreme Court

The Supreme Court of India, established under Article 124 of the Constitution of India, 1950, is the apex judicial authority in the country.

Powers of the Supreme Court

• Original jurisdiction in disputes between states or between the Centre and states.
• Appellate jurisdiction in constitutional, civil, and criminal matters.
• Advisory jurisdiction to provide opinions on legal matters referred by the President of India.

Conclusion

The constitution of criminal courts in India ensures a systematic approach to the administration of justice. From the Courts of Judicial Magistrates at the district level to the Supreme Court at the national level, each court is empowered with specific responsibilities to address criminal matters effectively. The Bharatiya Nagarik Suraksha Sanhita, 2023, further refines the structure and powers of these courts, reflecting the evolving needs of society.

This hierarchical system not only facilitates access to justice but also upholds the principle of accountability, allowing individuals to appeal to higher courts if dissatisfied with lower court decisions. The criminal courts, through their structured functioning and delineated powers, remain a cornerstone of India’s judicial framework, safeguarding the rights of citizens and maintaining the rule of law.