Assignment No.

1 on The Code of Criminal Procedure, 1973

CRIMINAL COURTS AND THEIR POWER

SUBMITTED BY
AYUSHI SRIVASTAVA
&
SARTHAK SINGH
Fourth Year B.A LL.B.
Reg.No- 45419231011 & 45419231070

SUBMITTED TO
ASST. PROF MR. PRIYANK JAGWANSHI

13th December, 2022

TABLE OF CONTENTS
1. DECLARATION
2. CERTIFICATE
3. ACKNOWLEDGEMENT
4. INTRODUCTION
-A brief overview
- Statement of the problem
-Relevance of the study
-Literature review
-Objectives of the Study
-Hypothesis
5. RESEARCH QUESTIONS
A. Research Question 1
B. Research Question 2
C. Research Question 3
6. CONCLUSION
7. BIBLIOGRAPHY

DECLARATION
I hereby declare that the Research Assignment No.1 tiled Criminal Courts
And Their Power carried out under the guidance of Mr. Priyank Jagwanshi is
a record of bona-fide research work undertaken by me in partial fulfillment
for the award of 5 Year B.A LL.B. offered by Christ Academy Institute of
Law, Bengaluru. The said work is an authentic research and not submitted
before any other University/Academic Programs for the award of any other
degrees.

Date- 13th December, 2022.

Name of Student- AYUSHI SRIVASTAVA & SARTHAK SINGH

Place- Bangalore.

Reg. No.- 45419231011 & 45419231070

Semester- VIIIth | B.A LL.B.

CERTIFICATE
This is to certify that Ayushi Srivastava and Sarthak Singh students of VIIIth
Semester 45419231011 & 4541231070 (Reg. Number) has successfully
completed the Research Assignment No. 1 on the topic Criminal Courts and
Their Power carried out under the guidance of Mr. Priyank Jagwanshi during
the academic year 2022-23 in partial fulfillment for the award of 5 Year
B.A LL.B. offered by Christ Academy Institute of Law, Bengaluru.

Date- 13th December, 2022. Name- Mr. Priyank Jagwanshi

Place- Bangalore. Designation of Faculty- Asst. Proffessor

ACKNOWLEDGEMENT
In the successful accomplishment of this research assignment, I am indebted
to my supervising Guide Mr. Priyank Jagwanshi who gave me proper
direction by apt corrections, suggestions and academic review at every stage
of research. I would also like to place on record my gratitude to the Principal
Rev. Fr. Prof. Dr. Davis Panadan whose constant guidance and insistence on
scientific research has nurtured in me a sense of systematic inquiry in all
academic writings. I am also grateful to the Librarian of CAIL Mr.
Jayaprakash for making available plentiful library resources which has
provided me deep knowledge in the subject of study.

My parents and good friends have always stood by me in all academic

endeavours and helpful in various phases of the completion of this
assignment. Last but never the least I am forever indebted to God Almighty
for providing me such enriching opportunities of learning, further enabling
me to be a better person and reminding me to repose my complete faith and
confidence in divine blessings for success of anything in life.

Date- 13th December, 2022

Name- Ayushi Srivastava & Sarthak Singh
Place- Bangalore
Semester- B.A LL.B

INTRODUCTION:
 1. A brief overview-

Indian Judiciary is one of the most efficient Judicial systems in the world. The Judiciary
derives its powers from the Constitution of India. The existence of Courts is required to check
the misuse of the powers conferred by the Legislature or the Executive. The Indian Judiciary
is the guardian of the Constitution of India, along with being a custodian of the Fundamental
Rights of the citizens. The Judiciary is well established with quite a lengthy and complex
hierarchy of courts. The judicial system has been established in such a way so that it caters
the need of each person of the country. The Judicial system in India is in the form of a
pyramid, with the Supreme Court being at the top of the hierarchy. The hierarchy has been
created in a manner that it is possible for a person even from a remote area to approach the
courts to get their disputes resolved. The system is well equipped to deal with issues of the
Union as well as State laws.

2. Statement of the problem-

According to Section 6, which lay down the beside the High Court and the courts
constituted under any law other than this Code, there shall be in every State the following
classes of Criminal Courts, namely –

A. Court of Session.
B. Judicial Magistrates of the first class and Metropolitan Magistrates in metropolitan
areas.
C. Judicial Magistrates of second class, and
D. Executive Magistrates.

The four types of criminal courts enumerated above are the courts constituted under the Code
while the High Court and other courts are constituted by the provisions of the Constitution of
India. Each class of courts are distinct from others. Thus a High Court is not a Court of Session,
even when it exercising it’s original criminal jurisdiction, nor a Court of Session a Magistrate
under any circumstances.
 3. Relevance of the study-
To know the jurisdiction and power of criminal courts in India and the punishment awarded by
them.
4. Literature review-
This paper examines the power of criminal courts in India to award different punishments in
criminal cases
5. Objectives of the Study-
To understand different cases which can be dealt in criminal courts in India and CrPC can be
applied on them.

6. Hypothesis-

Under the Constitution, the Supreme Court is empowered to deal with certain criminal matters.
Article 134 confers appellate jurisdiction to Supreme Court in regards to criminal matters and the
appeal shall lie to it from any judgment of High Court in a criminal proceeding within the
territory of India if the High Court –

● Has on appeal reversed an order of acquittal of an accused person and sentenced

him death, or
● Has withdrawn for trial before itself any case from any subordinate court and has
therefore convicted and sentence of death to the accused, or
● Certifies that the case is fit for an appeal to the Supreme Court.

One of the main constitutional goals is proper administration of justice has to be in consonance
with the expectations of the society. The goal can be achieved if the citizens living in our country
can easily knock the doors of the courts whenever a dispute arises.
The criminal courts are constituted in such a way that every citizen can access it for justice.
Citizens are also empowered to appeal to higher authorities if they feel that justice is denied to
them by lower courts. Therefore, through this system, it has become easy for the citizens to
approach the Judiciary.

RESEARCH QUESTIONS:

A. What is the Constitution of Criminal Courts in India?

The Sessions Judge– Section 9 of the CrPc talks about the establishment of the Sessions Court.
The State Government establishes the Sessions Court which must be presided by a Judge
appointed by the High Court. The High Court appoints Additional as well as Assistant Sessions
Judges. The Court of Sessions ordinarily sits at such place or places as ordered by the High
Court. But in any particular case, if the Court of Session is of the opinion that it will have to cater
to the convenience of the parties and witnesses, it shall preside its sittings at any other place,
after the consent of the prosecution and the accused. According to section 10 of the CrPC, the
assistant sessions judges are answerable to the sessions judge.
The Additional/ Assistant Sessions Judge- These are appointed by the High Court of a state.
They are responsible for cases relating to murders, theft, dacoity, pick-pocketing and other such
cases in case of absence of the Sessions Judge.
The Judicial Magistrate– In every district, which is not a metropolitan area, there shall be as
many as Judicial Magistrates of first class and of second class. The presiding officers shall be
appointed by the High Courts. Every Judicial Magistrate shall be subordinate to the Sessions
Judge.
Chief Judicial Magistrate- Except for the Metropolitan area, the Judicial Magistrate of the first
class shall be appointed as the Chief Judicial Magistrate. Only the Judicial Magistrate of First
Class may be designated as Additional Chief Judicial Magistrate.
Metropolitan Magistrate- They are established in Metropolitan areas. The High Courts have the
power to appoint the presiding officers. The Metropolitan Magistrate shall be appointed as the
Chief Metropolitan Magistrate. The Metropolitan Magistrate shall work under the instructions of
the Sessions Judge.
Executive Magistrate- According to section 20 in every district and in every metropolitan area,
an Executive Magistrate shall be appointed by the State Government and one of them becomes
District Magistrate.

The Sessions Judge– Section 9 of the CrPc talks about the establishment of the Sessions
Court. The State Government establishes the Sessions Court which must be presided by a
Judge appointed by the High Court. The High Court appoints Additional as well as Assistant
Sessions Judges. The Court of Sessions ordinarily sits at such place or places as ordered by
the High Court. But in any particular case, if the Court of Session is of the opinion that it will
have to cater to the convenience of the parties and witnesses, it shall preside its sittings at any
other place, after the consent of the prosecution and the accused. According to section 10 of
the CrPC, the assistant sessions judges are answerable to the sessions judge.
The Additional/ Assistant Sessions Judge- These are appointed by the High Court of a state.
They are responsible for cases relating to murders, theft, dacoity, pick-pocketing and other
such cases in case of absence of the Sessions Judge.
The Judicial Magistrate– In every district, which is not a metropolitan area, there shall be as
many as Judicial Magistrates of first class and of second class. The presiding officers shall be
appointed by the High Courts. Every Judicial Magistrate shall be subordinate to the Sessions
Judge.
Chief Judicial Magistrate- Except for the Metropolitan area, the Judicial Magistrate of the
first class shall be appointed as the Chief Judicial Magistrate. Only the Judicial Magistrate of
First Class may be designated as Additional Chief Judicial Magistrate.
Metropolitan Magistrate- They are established in Metropolitan areas. The High Courts have
the power to appoint the presiding officers. The Metropolitan Magistrate shall be appointed
as the Chief Metropolitan Magistrate. The Metropolitan Magistrate shall work under the
instructions of the Sessions Judge.
Executive Magistrate- According to section 20 in every district and in every metropolitan
area, an Executive Magistrate shall be appointed by the State Government and one of them
becomes District Magistrate
The Sessions Judge– Section 9 of the CrPc talks about the establishment of the Sessions
Court. The State Government establishes the Sessions Court which must be presided by a
Judge appointed by the High Court. The High Court appoints Additional as well as Assistant
Sessions Judges. The Court of Sessions ordinarily sits at such place or places as ordered by
the High Court. But in any particular case, if the Court of Session is of the opinion that it will
have to cater to the convenience of the parties and witnesses, it shall preside its sittings at any
other place, after the consent of the prosecution and the accused. According to section 10 of
the CrPC, the assistant sessions judges are answerable to the sessions judge.
The Additional/ Assistant Sessions Judge- These are appointed by the High Court of a state.
They are responsible for cases relating to murders, theft, dacoity, pick-pocketing and other
such cases in case of absence of the Sessions Judge.
The Judicial Magistrate– In every district, which is not a metropolitan area, there shall be as
many as Judicial Magistrates of first class and of second class. The presiding officers shall be
appointed by the High Courts. Every Judicial Magistrate shall be subordinate to the Sessions
Judge.
Chief Judicial Magistrate- Except for the Metropolitan area, the Judicial Magistrate of the
first class shall be appointed as the Chief Judicial Magistrate. Only the Judicial Magistrate of
First Class may be designated as Additional Chief Judicial Magistrate.
Metropolitan Magistrate- They are established in Metropolitan areas. The High Courts have
the power to appoint the presiding officers. The Metropolitan Magistrate shall be appointed
as the Chief Metropolitan Magistrate. The Metropolitan Magistrate shall work under the
instructions of the Sessions Judge.
Executive Magistrate- According to section 20 in every district and in every metropolitan
area, an Executive Magistrate shall be appointed by the State Government and one of them
becomes District Magistrate

B. Explain the Jurisdiction of Criminal Courts in India?

1. The Apex Court: The Supreme Court is the ultimate court, at the top of the Judicial system. It
has the supreme judicial authority in our country.

● ♣  Federal Court– Article 131 gives the power of original jurisdiction to the Supreme
Court, to resolve the dispute arising between the Centre and the States or between two
States.
 ● ♣  Interpretation of the Constitution- Only the Apex Court has the power to settle a
question based on any issue related to the Constitution.

● ♣  Power Of Judicial Review (Article 137)- All the laws enacted are subjected to scrutiny
by the Judiciary.

● ♣  Court of Appeal – The apex court is the highest court for appeal in India. It has the
power to hear appeals from all the cases lying in the various High Courts and subordinate
courts of our country. A certificate of the grant is to be provided according to Article
132(1), 133(1) and 134 of the Constitution with respect to any judgment, decree or final
order of all cases of the High Court involving the question of law. Appeals to the
Supreme Court can be made under the following categories:-
¬ Constitutional Matters ¬ Civil Matters
¬ Criminal Matters
¬ Special Leave Petition
2. The High Courts

● ♣  Original Jurisdiction – In some issues, the case can be directly filed in the High
Courts. This is known as the original jurisdiction of the High Court. E.g., In matters
related to fundamental rights, Marriage and Divorce cases.

● ♣  Appellate Jurisdiction- The High Court is the Appellate Court for the cases coming up
from the trial court.

● ♣  Supervisory Jurisdiction- This refers to the power of general superintendence of the

High Court over the matters of all the subordinate courts.
The powers of the various courts have been highlighted in the Constitution of India. Apart from
these courts, the power and functions of the subordinate criminal courts have been provided
under the Code Of Criminal Procedure, 1973, as mentioned under section 6.
¬ Court of Session
¬ First Class Judicial Magistrate and, a metropolitan magistrate in any metropolitan area ¬
Second Class Judicial Magistrate
¬ Executive Magistrates
The power of the various subordinate courts is mentioned from section 26-35, under the Code of
Criminal Procedure, which has been described below.
Section 26 mentions the list of Courts which are eligible to try offences – According to Section
26, any offence mentioned under the Indian Penal Code may be tried by:
¬ the High Court
¬ the Court of Session
¬ any other Court as specified in the First Schedule of the Code of Criminal Procedure
Although it must be ensured that any offence committed under section 376, section
376A, section 376B, section 376C, section 376D and also section 376E of the Indian Penal Code,
be tried by a woman judge
3. The Sessions Court
The State Government establishes the Sessions Court which has to be presided by a Judge
appointed by the High Court. The High Court appoints Additional as well
as Assistant Sessions Judges. The Court of Sessions ordinarily sits at such place or places as
ordered by the High Court.
4. The Magistrate Court
The Magistrate judges are usually appointed by the High Court.
The jurisdiction in case of Juveniles (Section 27)– Any person who is below the age of sixteen
years, who is a juvenile is exempted from the death penalty and punishment for imprisonment for
life. The Chief Judicial Magistrate, or any other Court specially empowered under the Children
Act, 1960 (60 of 1960) or any other law for the time being in force which provides for the
treatment, training and rehabilitation of youthful offenders, are eligible for trying such cases.

C. What are the powers of Criminal Courts in India?

1. Powers of Court ( Section 26 to 35 )

1. Courts by which offences are triable (section 26 ) In Indian Penal Code, any offence tried by:

o ♣  the High Court, or

 o ♣  the Court of Session, or

o ♣  any other Court as specified in First schedule

Provided any offence under section 376, section 376A, section 376B, section 376C, section
376D and section 376E of the Indian Penal Code, tried by a Court with women as judge. Any
offence under any other law, tried by court which stated by that law. If no court stated in the law,
then tried by High court or any court as specified in First schedule of the Act.

2. Jurisdiction in the case of juveniles (Section 27)

Any person who is below the age sixteen years is Juveniles. Such person or juvenile exempted
from punishment of death or imprisonment for life. Such juvenile cases tried by the Court of a
Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960
(60 of 1960) or also any other law for the time being in force providing for the treatment,
training and also rehabilitation of youthful offenders.

3. Sentences which High Courts and Sessions Judges passes (Section 28)
A High Court can pass any sentence authorized by law.
A Sessions Judge or Additional Sessions Judge can pass any sentence authorized by law. Death
sentence passed by such judge needs prior confirmation of High court. An Assistant Sessions
Judge can pass any sentence authorized by law. Other than death sentence, Life imprisonment
and Imprisonment for period of more than 10 years.

4. Sentences which Magistrates may pass ( Section 29)

The Court of a Chief Judicial Magistrate may pass any sentence approved by law. Except Death
sentence, life imprisonment and also imprisonment for term more than seven years.
A Magistrate of the first class may pass a sentence of imprisonment for a term not more than
three years. Also fine not exceeding or both.
The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term
not more than one year. Fine not exceeding five thousand rupees, or of both.
The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief
Judicial Magistrate and also that of a Metropolitan Magistrate, the powers of the Court of a
Magistrate of the first class.

5. Sentence of imprisonment in default of fine ( Section 30)

The Court of a Magistrate may sentence such term of imprisonment in default of payment of fine
as specified by law:
Provided the term:
does not exceed the powers of the Magistrate( under section 29);
shall not exceed one-fourth of the term of imprisonment which the Magistrate is competent to
inflict. Only if imprisonment awarded, part of the substantive sentence as punishment for the
offence.
The imprisonment sentenced under this section may be in addition to a substantive sentence of
imprisonment for the maximum term awardable by the Magistrate under section 29. Sentence in
cases of conviction of several offences at one trial (Section 31)

6. When a person is convicted for two or more offences, the Court may sentence him for such
offence in one trial. The court may also give several punishments. Such sentences of
imprisonment may commence after expiration of other. Unless courts directs such punishments
run simultaneously.
In the case of succeeding sentences, its not necessary for the Court to send offender before High
court. If the aggregate punishment for several offences exceeds the power of court to inflict the
punishment for single offence.
Provided that:
in no case, imprisonment should exceed the term of fourteen years;
the aggregate punishment also shall not exceed twice the amount of punishment which the Court
is competent to inflict for a single offence.
For appeal, the aggregate punishment passed against him under this section, assumed as a single
sentence.

7. Mode of conferring powers ( section 32)

The High Courts or the State Government may confer some power on a persons specially by
name or in virtue of their offices or classes of officials generally by their official titles. Every
such order be effective from the date of appointment of such persons.

8. Powers of officers appointed ( section 33)

The High court or also State government empowers any person holding an office in the service
of Government. Such person has powers throughout any local area. He is equal or higher office
of the same nature, as like local area under the same State Government. He also exercises the
same powers in the local area in which appointed unless directed by High court or State
government.

9. Withdrawal of powers ( section 34 )

The High Court or also the state Government may withdraw all or any of the powers conferred
by it on any person or also by any officer subordinate to it.
The Chief Judicial Magistrate or the District Magistrate may withdrawn any power conferred on
any person or officer.

10. Powers of Judges and also Magistrates exercisable by their successors-in-office (section 35)

The powers and duties of a Judge or Magistrate may also exercised or performed by his
successor-in-office.

The Sessions Judge shall determine by order in writing, the judge who, deemed to be the
successor-in-office of such Additional or Assistant Sessions Judge. If only doubt arises about the
successor-in-office.
The Chief Judicial Magistrate, or the District Magistrate shall determine by order in writing the
Magistrate, who, deemed to be the successor-in-office of such Magistrate. If only doubt arises
about the Magistrate.

CONCLUSION :
The Constitution of India holds the absolute authority and value in India. Hence, it becomes
necessary to provide safeguards for its protection and therefore, the courts have been vested with
various powers to keep a check and to ensure that no authority misuses its powers and
encroaches upon others domain. The courtrooms are the places where people can take their
grievances and get their disputes resolved upon the failure of other systems of the Government.

The hierarchy of the Courts has been developed in such a manner that it becomes easy for
everyone who is living in this country to knock the doors of the courts whenever a dispute arises.
It provides a platform for the citizens for appealing to higher courts, in case they feel that justice
has been denied to them by the lower courts. India is a country with a huge population in it.
Therefore, it needs this existing system of Judiciary to prosper and makes its process easier, so
that people can approach it easily so that Justice is given to all citizens of this country.

BIBLIOGRAPHY:

Websites:

➢ https://kanooniyat.com/2021/10/powers-of-criminal-court-code-of-criminal-procedure/
#0-powers-of-criminal-court-under-the-code-of-criminal-procedure-1973-
➢ https://www.legalserviceindia.com/legal/article-4703-constitution-of-criminal-courts-
and-their-power.html
➢ https://timesofindia.indiatimes.com/readersblog/lawpedia/constitution-and-power-of-
criminal-court-39693/
➢ https://www.lawyersclubindia.com/