Hierarchy of Criminal Courts

Supreme Court

High Court

Sessions
Court (also
called Court of
Session)

Executive
Chief Judicial Sub-Divisional Judicial
Assistant Additional Judicial Magistrate
Magistrate / Judicial Magistrate
Sessions Judge Chief Judicial Magistrate Magistrate Second Class/
Chief First Class
Magistrate / Special Judicial
Metropolitan /Metropolitan
Additional Magistrate
Magistrate Magistrate /
Chief Second Class
Metropolitan Special
Magistrate Metropolitan
Magistrate/
Special Judicial
Magistrate
First Class

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 The Supreme Court of India – The Supreme Court
Of India being the apex court of India was established
under Article 124 of the Constitution of India.

 The High Courts – Article 141 of the Constitution Of

India governs the High Courts and the High Courts are
bound by the judgment of the Apex Court.

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 Session Court – As per section 6 of the Criminal
Procedure Code, apart from the Supreme Court, High
Court, and the courts composed under any law.

 Assistant Session Judge – As per section 10 of the

Criminal Procedure Code, the assistant sessions judges
are answerable to the sessions judge.

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 Courts of Judicial Magistrates – As per section 11 of the CrPC states that in every
district (not being a metropolitan area), the State Government after consultation with the
High Court has the power to establish courts of Judicial Magistrates of the first and
second classes. If the High Court is of the opinion that it is necessary to confer the
powers of a Judicial Magistrate of the first or second class on any member of the Judicial
Service functioning as a Judge in a civil court, then the High Court shall do the same.

 Chief Judicial Magistrate and Additional Chief Judicial Magistrate – As per Section
12 of the Code in every district other than metropolitan areas, Judicial Magistrate of the
first class shall be appointed as the Chief Judicial Magistrate. The High Court is also
empowered to designate a Judicial Magistrate of First Class as Additional CJM and by
such designation, the Magistrate shall be empowered to exercise all or any of the powers
of a Chief Judicial Magistrate.

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 Special Judicial Magistrates – As per Section 13 The High Court is
empowered to confer upon any person who holds or has held any post
under the Government, the powers conferred or conferred by or under
this Code on a Judicial Magistrate of first or second class. Such
Magistrates shall be called Special Judicial Magistrate and shall be
appointed for a term not exceeding one year at a time.

 Local jurisdiction of Judicial Magistrates – According to Section

14, the Chief Judicial Magistrate shall define the local limits of the areas
within which the Magistrates appointed under Section 11 or
under Section 13 may exercise all or any of the powers with which they
may be vested under this Code. The Special Judicial Magistrate may
hold its sitting at any place within the local area for which it is
established.

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 Subordination of Judicial Magistrates – Section 15(1) provides
that a Sessions Judge shall be superior to the Chief Judicial
Magistrate and the Chief Judicial Magistrate shall be superior to
the other Judicial Magistrate. This can be clearly understood by
the above-mentioned diagram explaining the hierarchy of courts.

 Courts of Metropolitan Magistrate – They are established in

every metropolitan area. The presiding officers shall be
appointed by the High Court. The jurisdiction and powers of
such Metropolitan Magistrates shall extend throughout the
metropolitan area. The High Court shall appoint Metropolitan
Magistrate as the Chief Metropolitan Magistrate.
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 Chief Metropolitan Magistrate and Additional Chief Metropolitan
Magistrate – As per section 17 The High Court shall, in relation to every
metropolitan area within its local jurisdiction, appoint a Metropolitan
Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area

 Special Metropolitan Magistrates – As per Section 18 The High Court may

confer upon Special Metropolitan Magistrates the powers which a Metropolitan
Magistrate can exercise in respect to particular cases or particular classes of
cases. Such Special Metropolitan Magistrates shall be appointed for such term,
not exceeding one year at a time. The Special Metropolitan Magistrate may be
empowered by the High Court or the State Government to exercise the powers
of a Judicial Magistrate of the first class in any area outside the metropolitan
area.

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 Subordination of Metropolitan Magistrate – As Per Section
19 The Chief Metropolitan Magistrate and every Additional Chief
Metropolitan Magistrate shall be subordinate to the Sessions
Judge; and every other Metropolitan Magistrate shall, subject to
the general control of the Sessions Judge, be subordinate to the
Chief Metropolitan Magistrate.

 Executive Magistrates – As per Section 20 In every district and

in every metropolitan area, 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

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 Special Executive Magistrates – As per section 21
The State Government may appoint, for such term as it
may think fit, Executive Magistrates, 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 Code on Executive
Magistrates, as it may deem fit.

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 Thank You

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