As this is my first post regarding various classes of criminal courts in India. You might know about the only kind of courts in India like the supreme court , high court, and the district court.
Now, let me enhance your knowledge in the criminal courts hierarchy in India. You might get an idea after reading this post that there exist 4 different terms other than the above-mentioned courts.
So let me start with the four categories of the criminal court in India:-
- Court of session
- Judicial magistrate of 1st class and in any metropolitan area metropolitan magistrate.
- Judicial magistrate second class.
- Executive magistrate.
COURT OF SESSION IN INDIA
Basically , the court of session popularly known as the court of session of India. it exercises its jurisdiction on criminal matters exist in any district which comes under the code of criminal procedure ( C.R.P.C).
If you read the bare act or any source you get to know that district court is established by the state government which we elaborated in section 9 of the C.R.P.C. (read bare act). The court of session is headed by the session judge and who is appointed by the high court of India.
The court of session is having control and powers over all kinds of penalties which would even extend to death penalties.
JUDICIAL MAGISTRATE FIRST CLASS
Talking about the judicial magistrate first class we conclude that they are the lowest level of criminal court in the hierarchy of court. As that of the district court. These are also established by the state government and is mentioned in section 11 of the C.R.P.C. 1973
The judicial magistrate first class is headed under the general control of the session judge or district court judge. Also, is subordinate to the chief judicial magistrate.
please note:- metropolitan magistrate possess the same rights as that of a judicial magistrate.
The judicial magistrate first class is having powers to pass punishment not exceeding three years or fine which shall not exceed RS.5000 or both.
COURTS OF JUDICIAL MAGISTRATE OF SECOND CLASS
These courts attain the lowest hierarchy of the criminal court frame. Section 11 of the code of criminal procedure governs the establishment of the court by the state government in consultation with high court of the respective state.
Powers of the judicial magistrate second class as mentioned by section 29(3) are that it may pass a sentence of imprisonment for a term not exceeding one year or fine not exceeding RS.5000 or both.
Judicial magistrate if the issue or produce any warrant than that warrant must be countersigned by the chief judicial magistrate as per mentioned in section 267 of C.R.P.C.
As per the provision which provides that executive magistrate may appoint by the state government and may also appoint out of them district magistrate as thinks fit.
Whenever the office of the district magistrate becomes vacant the officers succeeding to district magistrate shall proceed and perform all the duties district magistrate conferred and imposed by the code of criminal procedure.
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