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Unit-1 –Definition and Constitution of Criminal courts

1.1 – Definition 2

Section 2 in The Code of Criminal Procedure, 1973

2. Definitions.

- In this Code, unless the context otherwise requires, -

(a)"bailable offence" means an offence which is shown as bailable in the First Schedule, or which is
made bailable by any other law for the time being in force; and "non-bailable offence" means any
other offence;
(b)"charge" includes any head of charge when the charge contains more heads than one;
(c)"cognisable offence" means an offence for which, and "cognisable case" means a case in which a
police officer may, in accordance with the First Schedule or under any other law for the time being in
force, arrest without warrant;
(d)"complaint" means 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
offence, but does not include a police report.Explanation. - A report made by a police officer in a
case which discloses, after investigation, the commission of a non-cognisable offence shall be
deemed to be a complaint; and the police officer by whom such report is made shall be deemed to
be the complainant;
(e)"High Court" means, -(i)in relation to any State, the High Court for that State;(ii)in relation to a
Union territory to which the jurisdiction of the High Court for a State has been extended by law, that
High Court;(iii)in relation to any other Union territory, the highest Court of criminal appeal for that
territory other than the Supreme Court of India;
(f)"India" means the territories to which this Code extends; .
(g)"inquiry" means every inquiry, other than a trial, conducted under this Code by a Magistrate or
Court;
(h)"investigation" includes all the proceedings under this Code for the collection of evidence
conducted by a police officer or by any person (other than a Magistrate) who is authorised by a
Magistrate in this behalf;
(i)"judicial proceeding" includes any proceeding in the course of which evidence is or may be legally
taken on oath;
(j)"local jurisdiction", in relation to a Court or Magistrate, means the local area within which the
Court or Magistrate may exercise all or any of its or his powers under this Code; [and such local area
may comprise the whole of the State or any part of the State, as the State Government may, by
notification, specify] [Inserted by Act 45 of 1978, Section 2, w.e.f. 18.12.1978.];
(k)"metropolitan area" means the area declared, or deemed to be declared, under section 8, to be a
metropolitan area;
(l)"non-cognisable offence" means an offence for which, and "non-cognisable case" means a case in
which, a police officer has no authority to arrest without warrant;
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(m)"notification" means a notification published in the official Gazette;

(n)"offence" means any act or omission made punishable by any law for the time being in force and
includes any act in respect of which a complaint may be made under section 20 of the Cattle-
Trespass Act, 1871 (1 of 1871);
(o)"officer-in-charge of a police station" includes, when the officer-in-charge of the police station is
absent from the station-house or unable from illness or other cause to perform his duties, the police
officer present at the station-house who is next in rank to such officer and is above the rank of a
constable or, when the State Government so directs, any other police officer so present;(p)"place"
includes a house, building, tent, vehicle and vessel;
(q)"pleader" when used with reference to any proceeding in any Court, means a person authorised
by or under any law for the time being in force, to practice in such Court, and includes any other
person appointed with the permission of the Court to act in such proceeding;
(r)"police report" means a report forwarded by a police officer to a Magistrate under sub-section (2)
of section 173;
(s)"police station" means any post or place declared generally or specially by the State Government,
to be a police station, and includes any local area specified by the State Government in this behalf;
(t)"prescribed" means prescribed by rules made under this Code;
(u)"Public Prosecutor" means any person appointed under section 24, and includes any person
acting under the directions of a Public Prosecutor;
(v)"sub-division" means a sub-division of a district;
(w)"summons-case" means a case relating to an offence, and not being a warrant-case;(wa)["victim"
means a person who has suffered any loss or injury caused by reason of the act or omission for
which the accused person has been charged and the expression "victim" includes his or her guardian
or legal heir;] [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008, Section 2.]
(x)"warrant-case" means a case relating to an offence punishable with death, imprisonment for life
or imprisonment for a term exceeding two years;
(y)words and expressions used herein and not defined but defined in the Indian Penal Code (45 of
1860) have the meanings respectively assigned to them in that Code
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Section 2 (c) of the Criminal Procedure Code (1973), defines a cognizable offence. According to the
definition given in the Code, such offences are those where the police are empowered to make an arrest
of the accused without a warrant or permission from the magistrate. These offences are more serious and
heinous.

Chapter 2nd Section 6 to 35 of Code of Criminal Procedure deals with the Constitution of Criminal Courts
and their powers although section 6 of Code of Criminal Procedure deals with the classification of criminal
Courts. According to section 6 there are 4 kinds of Criminal Courts i.e. Court of Session, Court of judicial
Magistrate, Court of Metropolitan Magistrate and Executive Magistrate.

Hierarchy Of Criminal Courts

 Supreme Court
 High Court
 Session Court
 Additional Session Judge
 Assistant Session Judge

Metropolitan Area:

 Chief Metropolitan Magistrate

 Metropolitan Magistrate

>Other than Metropolitan Area

 Chief Judicial Magistrate

 Judicial Magistrate First Class
 Judicial Magistrate Second Class

Establishment And Powers Of Supreme Court And High Court

The establishment of Supreme Court is given under article 124 of the Constitution of India and
establishment of High Court is given under article 214 of the Constitution of India. As being a
Constitutional Courts there is no restrictions on the power of Supreme Court and High Court and even the
powers of High Court mention in section 28(1) of Code of Criminal Procedure. According to section 28(1)
High Court may pass any sentence authorized by law.

Establishment And Powers Of Court Of Session

The establishment of Court of Session given under section 9 and 10 of Code of Criminal Procedure.
According to section 9 Court of Session established by State government.

Appointment of District Judges

According to article 233 of the Constitution of India all district judges shall be appointed by Governor in
consultation with High Court

Powers of Court of Session:

According to section 28(2) of Code of Criminal Procedure deals with Session Judge or Additional Session
Judge may pass any sentence authorized by law and if Session Judge or Additional Session Judge pass
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sentence of death then such sentence shall be subject to confirmation of High Court.

According to section 28(3) Assistant Session Judge may pass any sentence authorized by law except the
sentence of death, life imprisonment or imprisonment more than 10 years.

Establishment, Appointment And Powers Of Court Of Judicial Magistrate

Section 11 of Code of Criminal Procedure deals with the establishment of Court of Judicial Magistrate.
According to section 11 Court of Judicial Magistrate established by state government.

Appointment of Court of Judicial Magistrate:

The appointment of Judicial Magistrate are given under article 234 of the Constitution of India. According
to article 234 all judges other than district judges shall be appointed by the Governor in consultation with
State Public Service Commission and the High Court.
Now according to section 12 of Code of Criminal Procedure any Judicial Magistrate first Class shall be
appointed as Chief Judicial Magistrate by High Court.

Powers of Court of Judicial Magistrate

The power of Chief Judicial Magistrate given under section 29(1). According to section 29(1) Chief
Judicial Magistrate may pass any sentence authorized by law except the sentence of death, life
imprisonment and imprisonment more than 7 years.

Section 29(2) of Code of Criminal procedure deals with Judicial Magistrate 1st class may pass any
sentence authorized by law except the sentence of death, life imprisonment and imprisonment more than
3 years and he may also impose fine upto 10,000 Rs and in Maharashtra and Rajasthan they may impose
fine upto Rs.50,000/-

Section 29(3) talks about Judicial Magistrate 2nd Class may pass any sentence authorized by law except
the sentence of death, life imprisonment and imprisonment more than 1 year and he may also impose fine
upto 5,000 Rs and in Maharashtra he may impose fine upto Rs.10,000/-

Establishment, And Powers Of Court Of Metropolitan Magistrate

The establishment of Court of Metropolitan Magistrate is given under section 16 of code of Criminal
Procedure and according to section 17 any Metropolitan Magistrate shall be appointed as a Chief
Metropolitan Magistrate by High Court.

Powers of Court of Metropolitan Magistrate

According to section 29(4) the Chief Metropolitan Magistrate and Metropolitan Magistrate shall possess
the same power of Chief Judicial Magistrate and Judicial Magistrate First Class i.e Chief Metropolitan
Magistrate may pass sentence of imprisonment upto 7 years and Metropolitan Magistrate may pass
sentence of imprisonment upto 3 years and fine upto 10,000 Rs and in Maharashtra and Rajasthan
Rs.50,000/-

Power And Function Of Executive Magistrate

Section 20 of Code of Criminal Procedure deals with Executive Magistrate. In every district and in every
Metropolitan area State Government may appoint the executive Magistrate and shall appoint one of them
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to be District Magistrate.
The function of Executive Magistrate is given under section 129,130,131 and 144 in Code of Criminal
Procedure, 1973