Unit 2- Introduction

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Hierarchy of Criminal Courts:

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Powers & duties of Criminal
Courts
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High court- Any sentence + Any amount of fine+ death sentence.
 Ad. Session Judge/CoS- Any sentence + Any fine + death sentence
subject to be confirmed by HC.
 Chief Judicial Magistrate/Chief Metropolitan Magistrate- Max. 7 yrs. +
Any fine.
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 Judicial Magistrate I- Max. 3 yrs. + fine r
10,000/-
Judicial Magistrate II- Max. 1 yr. +h
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 l i S fine 5000/-

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Executive Magistrate- No specific powers given in the code .

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Basic concepts:
 Bailable offence(2a)- the grant of bail is a matter of right. It may be either
given by a police officer who is having custody of the Accused or by the court.
It is provided under schedule 1st. (bail is a right not jail)
 Non- Bailable offence(2a)- offences which are punishable with death,
imprisonment of life or imprisonment for more than seven years. There is a
discretion of court to grant a bail or not, its not a matter of right. Eg. Murder
(S.302) IPC, Dowry Death (S.304-B) IPC a
m the accused without a warrant
 Cogniazble offence(2c)- the police canrarrest
from a magistrate. h a
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Non-Cognizable offence(2l)- i S
the police cannot arrest a person without
warrant.
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Compliant(2d)-statesnthat any allegation made orally or in writing to a
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magistrate stating that some person, whether known or unknown, has
committed an offence, but does not include a police report.
 Charge(2b)- It means the allegations, or the offences imposed on a person. It
includes any head of charge when the charge contains more heads than one.
 Police Report (2r)- It means a report forwarded by a Police Officer to a Magistrate under
sub section (2) of Section 173.
 Investigation2(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 authorized by a Magistrate in this behalf.
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Inquiry(g)- any inquiry other than trial under this code, conducted by a Magistrate or a
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Trial- it is not defined in the code. The term ‘trial’ basically means the Court’s decision or
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a judicial judgement by the Court to decide the person’s guilt or innocence.
Types of trial-
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1. sessions trial n j
2. warrant trial A
3. summons trial
4. summary trial
 Summons case(2w)- the summons case means a case related
to an offense which is not a case of warrant.

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There is no need to frame formal charges in summons cases.
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Warrant case (2x)- a case relating to an offence punishable
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with death, imprisonmentSfor life, or imprisonment for a term
exceeding two years.a l i
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Thank you!
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