Types of Indian

Courts

Dr. Niloy Kar

 Courts
A court is any person or institution, often as a
government institution, with the authority to
adjudicate legal disputes between parties and
carry out the administration of justice in civil,
criminal, and administrative matters in
accordance with the rule of law.
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Types Of Courts

• Deals with Civil Matters

Civil • Disputes like Inheritance Family, Divorce, Land,Paternity etc

• Deals with crimes committed as per IPC. Murder, Assault, Rape, Kidnapping etc
Criminal • Murder, Assault, Rape, Kidnapping, Theft, Vehicular accidents, etc

Consumer • Deals with consumer disputes

• Their power and procedure is like civil court.

• Was only in Mumbai, dealt with inquest only. Presently

Coroner’s • there is no Coroner’s court in India.

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Criminal Court

Criminal Court

District Magistrate’s
Supreme Court High Court
Session’s Court Court

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Supreme Court

• It is the highest judicial tribunal in the country, situated at New Delhi.

• It has power of superintendence over all other courts in India.

• Law formed by it, is binding on all other courts in India.

• It can try any criminal appeal case and award any punishment, authorised by law.

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High Court

• They are the highest judicial tribunals of the states, usually situated in the state capital.

• It has power to superintendence over the courts in that state.

• It can try any criminal appeal case , and can pass any judgement.

• Even if there is no appeal, death sentence passed by session’s court has too be confirmed by the High Court
before execution.

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District Court
• Called as district court for civil matters and session’s court for criminal matter’s.
• District/Session’s Judge – DJ or Additional District/Session’s Judge – ADJ
• It is situated at the district headquarters'
• It can try any case committed to it for trial by magistrate and can also award any punishment, but the death sentence
passed should be confirmed by the High court before execution.(S-366 Cr IPC)
• Confirmation is done by two or more judges of High Court.

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Assistant Session Court
• Also situated at district headquarters.
• Can try any case but cannot award -----
• (A) Death Sentence
• (B) life Imprisonment
• (C) Imprisonment beyond 10 years
• Special courts of session may be established to try offences against women, SC/ST, NDPH (Narcotic drug and
psychotropic substance act), TADA ( Terrorist and disruptive activities act), POTA( Prevention of Terrorism
act),MCOCA (Maharashtra control of organised crime),and prevention of corruption act.

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 Magistrate

Executive Judicial Special Juvenile

Class I Class II Executive Judicial

CJM/CMM SDM JMFC/MM

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There Powers are :-
Judicial Magistrate Imprisonment Fine

CJM/CMM 7 years No limit

SDM/JMFC/MM 3 years Rs 10000

The powers of Magistrate to punish increases upto double while dealing with one who has committed
two or more than two crimes.

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 Special Courts :
• May be Executive or Judicial, are appointed ---
1. Usually for 1 year.
2. When regular magistrate cannot cope up with a load of work.
3. When an enquiry is to be finished within a particular time limit.

In all cases of dowry deaths, the dying declaration has to be recorded by special executive magistrate.

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 Juvenile Magistrates :
• Usually ladies are assigned to try cases of juvenile offenders ( as per Juvenile Justice act 2000 --Juvenile means child upto
18 years of age.)

• Juvenile if found guilty is sent to reformatories ( BORSTAL School )for treatment, training and rehabilitation.

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 Thank You

Dr. Niloy Kar

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