Criminal Justice after Maneka

Gandhi
Date: 22.01.15
• Investigation
Vakil Prasad Singh v State of Bihar,
AIR 2009 SC 1822
• Arrest
Joginder Kumar v State of U.P
AIR 1994 SC 1349
• Fair trial
State of Punjab v Baldev Singh
AIR 1999 SC 2378
• Speedy trial
Kartar Singh v State of Punjab
(1994) 3 SCC569

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 Criminal Justice after
Maneka Gandhi
• Long pre-trial confinement
Hussainara Khatoon v State of Bihar
AIR 1979 SC 1360
• Bail
Babu Singh v State of Punjab
AIR 1978 SC 527
• More Criminal Courts
P. Ramachandra Rao v State of Karnataka
(2002) 4 SCC 578
• Right to Appeal
M.H Hoskot v State of Maharashtra
AIR 1978 SC 1548

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 Criminal Justice after
Maneka Gandhi
• Legal Aid
Sukdas v Union Territory of Arunachal Pradesh
AIR 1986 SC 991
• Handcuffing of Under trials
Prem Shankar Shukla v Delhi Administration
AIR 1980 SC 1535
• Police Torture
Raghubir Singh v State of Haryana
AIR 1980 SC 1087
• Compensation
Neelabati Behra v. State of Orissa
AIR 1993 SC 1960
• Prison Administration
Sunil Batra v Delhi Administration
AIR 1980 SC 1579

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 Territorial Division
(Section- 7)
State Session District
Division
Sessions district Sub-division
division
or shall or consist of State govt may
consist of districts consult with
sessions High Court to
divisions divide district
into Sub
division
State State State
Government Government Government
may, consult may, consult may, consult
with the High with the High with the High
Court
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 Metropolitan
Who canareas( Section-
Condition Names 8)Cessation
of Authority
declare a for metropolita of State of
metropolit declaring n area governme metropolit
an area metropoli nt an area
tan area
State city or Bombay, State When pop
Governme town Calcutta, Governme ulation of
nt by whose Madras, nt may, by such area
notificatio populatio and the city notificatio falls below
n n exceeds of n - extend, one
one Ahmedabad reduce or million (no
million  alter the impact on
limits of a inquiry,
metropolit trial or
an area  appeal)
(No -
impact on State
inquiry, Governme
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 Court of Session (SS. 9 & 10)
establishes
Court of
State
Sessions
govt.
Session Judge/
Additional Session
Judge Another
Session
Kehar Singh v Vacant Division
Delhi
Assistant
Administrati Session Judge
Place
on, (1988) 3 of trial
SCC 609 Subordination,
Distribution of business &
03/16/20 Disposal of urgent application
Establishment of Nature of Court
Courts in district

State government Court of Judicial

may, after magistrate First
consultation with Class and Second
High Court Class (Sec. 11)

Court of Special
Judicial Magistrate
(Sec. 11)
Court of
Metropolitan
Magistrate (Sec. 16)
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Appointm Judicial Magistrates of the first class and of the
ent second class (Section 11)
Metropolitan Magistrate (Section 16)
High Special Judicial Magistrate (Section 11)
Court
Confer the powers of a Judicial
Magistrate of the first class or of the
second class on any member of the
Judicial Service of the State,
functioning as a Judge in a Civil Court.
(Section 11)
Power conferred on the request of
Central or State Government (Section
13)
Sub-divisional Judicial
Magistrate(Section 12 (3)(a) )
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Special Courts of Special Judicial Magistrate
Judicial Magistrate (Section 13), Special
(Section 11) Metropolitan Magistrate
(Section 18)
Established by State Appointment by High court, if
government requested by Central or State
Government
Appointment by High Conferment on the person who
Court holds or has held any post under
the Government 
To try any particular Judicial Magistrate of the first
case or particular class class or of the second class
of cases
Court of a Special In respect to particular
Judicial Magistrate may cases or to particular
hold its sitting at any
place within the local
classes of cases
area for which it is
established
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Qualification or experience 
 Sub-divisional Judicial Magistrate
(Section- 12(3) (a)(b) )
Judicial
• SuMagistrat
e First
Class general
Sub- control of the
divisional Chief Judicial
Judicial Magistrate
Magistrat
e powers of Judicial
supervisio Magistra
n and tes in
control  the sub-
division 
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 Jurisdiction (Section 14)

define the
Chief judicial Judicial
local limits
Magistrate Magistrat
of the
e
areas 

shall extend
throughout the
district.
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 Subordination (Section- 15
and 19)

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 Delhi Judicial Service ... vs State Of
Gujarat And Ors
1991 SCR (3) 936
• (a) If a judicial officer is to be
arrested for some offence, it should
be done under intimation to the
District Judge or the High Court as
the case may be.
• (b) If facts and circumstances
necessitate the immediate arrest of
a judicial officer of the subordinate
judiciary, a technical or formal
arrest may be effected.
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• (c) The fact of such arrest should be
immediately communicated to the
District and Sessions Judge of the
concerned District and the Chief
Justice of the High Court.
• (d) The Judicial Officer so arrested
shall not be taken to a police station,
without the prior order or directions
of the District & Sessions Judge of
the concerned District, if available.
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• (e) Immediate facilities shall be provided to
the Judicial Officer for communication with
his family members, legal advisors and
Judicial Officers, including the District &
Sessions Judge.
• (f) No statement of a Judicial Officer who is
under arrest be recorded nor any panchnama
be drawn up nor any medical test be
conducted except in the presence of the
Legal Advi- sor of the Judicial Officer
concerned or another Judicial Officer of
equal or higher rank, if available.
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• (g) There should be no handcuffing of a
Judicial Officer. If, however, violent
resistance to arrest is offered or there is
imminent need to effect physical arrest
in order to avert danger to life and limb,
the person resisting arrest may be over-
powered and handcuffed. In such case,
immediate report shall be made to the
District & Sessions Judge concerned and
also to the Chief Justice of the High
Court.
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• But the burden would be on the Police to
establish the necessity for effecting physical
arrest and handcuffing the Judicial Officer
and if it be established that the physical
arrest and hand-cuffing of the Judicial
Officer was unjustified, the Police Officers
causing or responsible for such arrest and
handcuffing would be guilty of misconduct
and would also be personally liable for
compensation and/or damages as may be
summarily deter- mined by the High Court.

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 Ajaib
Executive Magistrate (Section 20 &21) Sing
district and in h v.
every State
metropolitan Vaca Of
area
State nt Punja
deleg b,
Government District
ate 1965
appoint Executi
may in Magistrat
ve Addition
e. SCR
charge Magistr al (2)
of sub- ates District 845
division Commissi
Magistra
sub- te
 
divisional oner of
Magistrat Police in Special
e metropoli Executiv
tan area e
Magistr
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ate
 A.N Roy,
Section 22 and 23
Comm. Of
Police v.
Suresh Sham
Singh, (2006)
3 SCC (Cri)
75
alloca
Local tion
limits of of
area/distri busin
bution of ess
Executiv
business e
Extends
Magistr
through ates in a
out
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sub
district
• 1 [THE SCHEDULE [See section 2(c)]
• Section Magistrate competent to exercise the
powers
• 7 (1) District Magistrate.
• 11(4) Metropolitan Magistrate or Judicial
Magistrate of the first class.
• 15(5) Metropolitan Magistrate, Judicial
Magistrate of the first class, District Magistrate
or Sub-Divisional Magistrate.
• 16 Metropolitan Magistrate, Judicial
Magistrate of the first class, District Magistrate
or Sub-Divisional Magistrate.
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• 18 District Magistrate or Sub-Divisional
Magistrate.
• 19 Metropolitan Magistrate, Judicial
Magistrate of the first class, District
Magistrate or Sub-Divisional Magistrate.
• 20 District Magistrate, Sub-Divisional
Magistrate or any Executive Magistrate
specially empowered by the State
Government.
• 22B Metropolitan Magistrate or Judicial
Magistrate of the first class.]
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