Module 1

1.Definition and Constitution of Criminal Courts Under Indian Criminal Law

Introduction

Criminal courts in India are established to adjudicate offenses defined under Indian Penal Code (IPC) and
other statutes. These courts function within the framework laid down by the Criminal Procedure Code (CrPC)
of 1973, which outlines their constitution, powers, and procedures. The Indian judiciary's hierarchy ensures a
structured and systematic approach to criminal justice, beginning from the lowest courts to the Supreme
Court.

Definition and Structure of Criminal Courts

Criminal Procedure Code, 1973

The CrPC provides the procedural law for the administration of criminal justice in India. The definition and
constitution of criminal courts are outlined in Chapter II (Sections 6 to 25) of the CrPC. These sections detail
the hierarchy, establishment, and powers of various criminal courts in India.

Hierarchy of Criminal Courts

1. Supreme Court of India: The apex court of the country, it is the final court of appeal and has the
power to deal with all kinds of cases, including criminal matters.
2. High Courts: Each state or group of states has a High Court that exercises appellate, supervisory, and
original jurisdiction in criminal matters.
3. Sessions Courts: Established by the state government, they handle serious criminal offenses. Each
district has a Sessions Court, which is presided over by a Sessions Judge.
4. Judicial Magistrates: They are of two classes - First Class and Second Class. The Chief Judicial
Magistrate (CJM) supervises the functioning of other judicial magistrates in the district.
5. Executive Magistrates: They perform executive functions and have limited criminal jurisdiction.
They handle preventive actions and maintain public peace and order.

Definition Under Section 2 of the CrPC

Section 2 of the CrPC provides definitions for various terms used throughout the code, crucial for
understanding the context and procedures in criminal law. Some key definitions include:

 Section 2(a) - Bailable Offense: An offense that is shown as bailable in the First Schedule or which is
made bailable by any other law for the time being in force.
 Section 2(c) - Cognizable Offense: An offense where a police officer can arrest without a warrant and
initiate an investigation with or without the magistrate’s permission.
 Section 2(d) - Complaint: Any allegation made orally or in writing to a magistrate, with a view to his
taking action under this Code, that some person, whether known or unknown, has committed an
offense.
 Section 2(e) - High Court: Refers to the highest court of appellate jurisdiction in a state.
 Section 2(h) - Investigation: All proceedings under this Code for the collection of evidence conducted
by a police officer or by any person authorized by a magistrate in this behalf.
 Section 2(n) - Offense: Any act or omission made punishable by any law for the time being in force.

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Constitution and Powers of Various Criminal Courts

Supreme Court

 Constitution: Established under Article 124 of the Constitution of India.

 Powers: Extensive powers including appellate, advisory, and original jurisdiction. It can hear appeals from
High Courts and other courts/tribunals.

High Courts

 Constitution: Established under Article 214 of the Constitution.

 Powers: They exercise original, appellate, and revisional jurisdiction in criminal cases. They can hear appeals
from the lower courts and have the power of superintendence over all courts and tribunals within their
jurisdiction.

Sessions Courts

 Constitution: Constituted under Section 9 of the CrPC.

 Powers: They have the authority to try serious offenses like murder, rape, and robbery. The Sessions Judge can
impose any sentence authorized by law but a death sentence must be confirmed by the High Court.

Judicial Magistrates

 Chief Judicial Magistrate (CJM): Appointed under Section 12 of the CrPC, supervises the work of all judicial
magistrates in the district.
 Judicial Magistrate First Class (JMFC): They can try offenses punishable with imprisonment up to three
years or with fine up to ten thousand rupees.
 Judicial Magistrate Second Class (JMSC): They can try offenses punishable with imprisonment up to one
year or with fine up to five thousand rupees.

Executive Magistrates

 Sub-Divisional Magistrate (SDM): Appointed under Section 20 of the CrPC, they exercise powers related to
public nuisance, preventive actions, and maintain public order.
 District Magistrate (DM): Has wide powers for maintaining law and order in the district, including preventive
detention.

Case Laws

Historic and Landmark Cases

1. K. M. Nanavati vs State of Maharashtra (1962 AIR 605, 1962 SCR Supl. (1) 567): This case
highlighted the jurisdiction and powers of the Sessions Court. Nanavati was tried for the murder of his
wife’s lover. The case was initially decided by a jury but was later referred to the Bombay High Court.
The verdict influenced the abolition of jury trials in India.
2. Mohammed Ajmal Mohammad Amir Kasab vs State of Maharashtra (2012) 9 SCC 1: Kasab, the
lone surviving terrorist of the 26/11 Mumbai attacks, was tried and sentenced to death by a Sessions
Court, which was upheld by the Bombay High Court and the Supreme Court. This case underscored
the role of Sessions Courts in handling high-profile and serious criminal cases.
3. Bachan Singh vs State of Punjab (1980 AIR 898, 1980 SCR (2) 684): This landmark judgment by
the Supreme Court upheld the constitutional validity of the death penalty under Section 302 of IPC but
also laid down the "rarest of rare" doctrine for awarding death sentences, emphasizing the
discretionary power of Sessions Courts.

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 4. Sakiri Vasu vs State Of U.P. And Others (2008) 2 SCC 409: The Supreme Court held that the
Magistrate has the power to monitor the investigation to ensure that it is carried out properly and can
order further investigation if necessary.
5. Lalita Kumari vs Govt.Of U.P.& Ors (2014) 2 SCC 1: The Supreme Court ruled that registration of
an FIR is mandatory under Section 154 of the CrPC if the information discloses the commission of a
cognizable offense. This case reiterated the powers and duties of police and magistrates in criminal
investigations.

Contemporary Cases

1. Nirbhaya Case (Mukesh & Anr vs State for NCT of Delhi & Ors, 2017): The brutal gang rape and
murder of a young woman in Delhi led to the trial in a fast-track court. The Supreme Court upheld the
death penalty awarded by the lower courts, highlighting the judiciary's stance on heinous crimes and
the functioning of criminal courts at various levels.
2. Shreya Singhal vs Union of India (2015): This case dealt with the constitutional validity of Section
66A of the Information Technology Act, 2000. The Supreme Court struck down Section 66A,
emphasizing the importance of fundamental rights and the role of higher judiciary in safeguarding
these rights against arbitrary laws.

Conclusion

The definition and constitution of criminal courts in India, as outlined in the CrPC, ensure a well-structured
judiciary capable of handling a wide range of criminal matters. From the Supreme Court to the Executive
Magistrates, each level of the judiciary has distinct roles and powers, facilitating an organized and effective
criminal justice system. The landmark and contemporary case laws underscore the dynamic nature of criminal
law in India, reflecting the courts' ability to adapt to changing societal norms and legal standards. Through a
robust legal framework and an evolving jurisprudence, Indian criminal courts strive to deliver justice and
uphold the rule of law.

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2.Constitution and Powers of Criminal Court