Classes of Criminal Courts under Criminal Procedure Code:

According to Section 6 of the Code besides the High Courts and the Courts constituted under any law,
other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:—

(i) Courts of Session;

(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

Territorial Division for the Purpose of Criminal Justice Administration:

According to Section 7 of the Code:

(1) Every State shall be a sessions division or shall consist of sessions divisions; and
every sessions division shall, for the purposes of this Code, be a district or consist of districts:

Provided that every metropolitan area shall, for the said purposes, be a separate sessions division
and district.

(2) The State Government may, after consultation with the High Court alter the limits or the
number of such divisions and districts.

(3) The State Government may, after consultation with the High Court, divide any district into
subdivisions and may alter the limits or the number of such sub-divisions.

(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Code,
shall be deemed to have been formed under this section.

Question:
(i) Which is your Sessions Division? Is your sessions division consist of a district or districts?

(ii) How many sub-divisions are there in your district?

(iii) Can you identify the Courts of Session, Judicial Magistrates in your Sessions division?

(iv) Can you identify the Executive Magistrates (including ADM and SDMs) in your district?

Metropolitan areas— According to Section 8 of the Code:

(1) The State Government may, by notification, declare that, as from such date as may be specified in the
notification, any area in the State comprising a city or town whose population exceeds one million shall
be a metropolitan area for the purposes of this Code.

(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and
Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a
metropolitan area.

(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area
but the reduction or alteration shall not be so made as to reduce the population of such area to less than
one million.

Hierarchy of Criminal Courts in India:

Relevant Provisions: Sections 6 to 19 of CrPC

Supreme Court

High Courts

Sessions Court

Court of Chief Judicial Magistrates Court of Chief Metropolitan Mag. Court of Assistant Session Judge

Judicial Magistrate First Class Metropolitan Magistrate

(Special Judicial Magis. First Class) (Special Metropolitan Magistrate)
 Judicial Magistrate Second Class/
Special Judicial Magistrate Second Class

Some
Sentences which the above-mentioned Criminal Courts are Empowered/Authorised to Pass under

Relevant Provisions: Sections 28 and 29 of CrPC, 1973.

Court Sentence Empowered/Authorised to Pass under

the Provisions of CrPC, 1973

High Court Any Sentence Authorised by Law [Section 28(1)]

Court of Session (including Court of Session Judge Any sentence authorised by law. Sentence of death
and Additional Session Judge is subject to confirmation of High Court u/s 368.
[Section 28(2)]

Court of Assistant Session Judge Imprisonment up to ten years or/and fine. [Section
28(3)]

Court of Chief Judicial Magistrate/ Court of Chief Imprisonment up to seven years or/and fine
Metropolitan Magistrate [Section 29(1) and 29(4)]

Judicial Magistrate First Class/ Court of Imprisonment up to three years or/and fine up to rs.
Metropolitan Magistrate 10,000. [Section 29(2) and 29(4)]

Court of Judicial Magistrate Second Class Imprisonment up to one year or/and fine up to rs.
5,000. [Section 29(3)]

Powers of High Court:

Note: It is inclusive and not an exhaustive enumeration of Powers of High Court under CrPC.

➢ Under Section 9, High Court has power to appoint Session Judge, Additional Session Judge and
Assistant Session Judge.

➢ Power to Confirm Death Sentence passed by Court of Session Judge/Additional Session Judge:
Punishment of death sentence passed by Session Judge / Additional Session Judge cannot be executed
unless it is confirmed by High Court under Section 368.

➢ High Court may authorize Judicial Magistrate First Class (Section 260) and Judicial Magistrate Second
Class for summary trial.
➢ Under section 438 High Court has power to grant anticipatory bail.

➢ Power of High Court to hear and decide Appeals against the judgments of the subordinate criminal
courts

➢ Inherent Power of High Court (Section 482): Only High Court has inherent power under section 482 of
Cr.P.C.

Duty of High Court: According to section 483 it is duty of High Court to exercise continuous
superintendence over Courts of Judicial Magistrates subordinate to it as to ensure that there is an
expeditious and proper disposal of cases by such Magistrates.

Power of Court of Session Judge:

➢ All Assistant Sessions Judges, Chief Judicial Magistrate, the Chief Metropolitan Magistrate and
Additional Chief Metropolitan Magistrate and other Judicial Magistrates shall be subordinate to the
Sessions Judge.

➢ Power to Make Rules (Section 10): The Sessions Judge may, from time to time, make rules consistent
with this Code, as to the distribution of business among such Assistant Sessions Judges.

➢ Power under Section 409: A Sessions Judge may withdraw any case or appeal from, or recall any case
or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate
subordinate to him.

➢ Session Judge has also power to grant anticipatory bail (Section 438) and bail (Section 439).

➢ Power to hear and Decide Appeals against the judgments of the subordinate criminal courts.