Court of law

Two types:
i. Civil
ii. Criminal.
Criminal courts in India are of four types:
 Supreme court

High court

Additional
Distrct & session Assistant district
district & session
judge & session judge
judge

Chief Judicial First class judicial Second class

Megistrate Magistrate judicial magistrate

Sub divisional
magistrate
1. Supreme Court: It is the highest judicial tribunal and
the highest court of appeal; located in New Delhi. It
has the power of supervision over all courts in India.
The law declared by it is binding on all courts.
It deals with both civil and criminal cases. But unlike civil
cases, no criminal case can be initiated in supreme
court. It can only consider the criminal appeal cases.
So for criminal cases, it has only appellate section not
the origin section. All the appeal cases must come
after being dealt by a High court.
Supreme court can award any punishment provided in
the IPC. It can sustain or alter the punishment
approved by High court.
2. High Court: It is usually located in the capital of
every State and is the highest court in the state. But
for some small states, one High Court may cover
more than one states. Judges in a High Court are
appointed by the President of India in consultation
with the Chief Justice of India and the governor of
the state. It deals with Appeals from lower courts
and write petitions in terms of Article 226 of the
Constitution. It may try any offence and pass any
sentence authorized by law (Sec 28 CrPC).
• In a criminal cases when a lower court awards a
death sentence, the High Court has to confirm the
sentence before it is executed, even if there is no
• For confirmation of death sentence or where a new
sentence is given which differs from the sentence
awarded by a session judge, two or more than two
judges of High Court should sit together & at least
two judges should sign the confirmation of the
death sentence or a new sentence awarded by the
High Court. This procedure is not necessary while
dealing an appeal case.
3. Sessions Court : It is usually located at the district
headquarters and is therefore also known as District
Session Court and presided over by a ‘District and
Sessions Judge’.
• For metropolitan cities (Population > 1 million),
there are separate sessions court independent of
the district.
• In addition to the session court one or more
Additional Session Court may be there in district,
the location of which is fixed by the state Govt. In
consultation with High court.
• Appointment of district Judge is done either by the
state Government in consultation with the High
court or by way of elevation of judges from courts
subordinate to district courts.
• punishment awarding power of the Session Court
and Additional Session Court are same.
• They can pass any sentence authorized by law
including death sentence which is subject to
confirmation by the High Court (Sec. 28 CrPC) with
minimum two judges sitting & signing the verdict.
• Assistant Session Judge/Court: when necessary, for
the assistance of session court, Assistant Session
Court are there. Such court may be located at the
District Head Quarter or at any other place.
Assistant Session Judges are appointed by High court.
They can award any punishment provided by law
except death sentence, life imprisonment sentence
or imprisonment exceeding 10 years.
4. Magistrates’ Courts are of three types:
i. Chief Judicial Magistrate
ii. First Class Judicial Magistrate
iii. Second Class Judicial Magistrate.

i. Chief Judicial Magistrate & Chief Metropolitan

Magistrate:
- In every district there is one chief Judicial
Magistrate with jurisdiction over the whole
district.
- In a Metropolitan city there is a Chief Metropolitan
Magistrate who has jurisdiction over Metropolitan
- Chief Judicial Magistrate & Chief Metropolitan
Magistrate are the 1st class Magistrate appointed by
the High Court.
- They have power to award punishment of
imprisonment for up to 7 years.
ii. First Class Judicial Magistrate
- They are appointed by the High Court.
- A First Class Judicial Magistrate can award
punishment of upto 3 years imprisonment and fine
up to Rs. 10,000.
iii. Second Class Judicial Magistrate:
- They are also appointed by High court.
- He can award punishment up to 1 year & fine up to
Rs. 5000.
• Special Judicial Magistrates:
- On the request of Central or state Govt. , the High
court in any local area may give the power of a 1st or
2nd class Judicial Magistrate, to a person who is or
was a govt. Servant & possesses required
qualification or experience in connection with
particular cases or class.
- They could be also Metropolitan Judicial or
Executive Magistrates and may be appointed for a
special purpose, e.g. to try cases of rioting, juvenile.
- They are appointed not more than 1 year.
• Juvenile court:
- As per the Children Act 60 of 1960, ‘juvenile’ or ‘child’
means a person who has not completed 18th year of
age.
- If the juvenile is found guilty of serious offence, he/
she is not given life imprisonment or committed to
prison, but sent to reformatory school (formerly called
as Borstal) or special home for rehabilitation.
- Under the Juvenile Justice Act, 2000, a Board to try
juvenile offenders should consist of a Judicial
Magistrate of first class (or Metropolitan Magistrate)
and two social workers, out of whom at least one
 Offences & cases
• Under the Code of Criminal Procedure (CrPC),
offences are classified as:
1. Bailable offences are those in which bail can be
granted by the law. The court cannot refuse bail and
the police have no right to keep the person in
custody. For example, causing death by rash or
negligent act (Sec. 304A IPC), causing miscarriage
(Sec. 312 IPC), voluntarily causing hurt (Sec. 323 IPC)
and grievous hurt (Sec. 325 IPC).
2. Non-bailable offences are those in which bail cannot
be granted. These are the serious offences and the
decision is taken by a Judicial Magistrate only.
 The police must produce the accused before the
Judge within 24 h of arrest. At that time, the accused
has a right to apply for bail himself or through his
lawyer. E.g. cases of murder (Sec. 302 IPC), attempt
to murder (Sec. 307 IPC), dowry death (Sec. 304B
IPC), causing miscarriage without woman’s consent
(Sec. 313 IPC) or voluntarily causing grievous hurt by
dangerous weapons (Sec. 326 IPC).
3. Cognizable offence: It is an offence in which a police
officer can arrest a person without warrant from the
Magistrate, e.g. rape, murder, dowry death or attempt
to murder.
4. Non-cognizable offence : it is an offence in which
the police officer cannot arrest without a warrant
from the Magistrate, e.g. causing miscarriage,
voluntarily causing hurt or intercourse by a man
with his wife during separation (376A IPC).

• Different types of cases are:

1. Criminal cases
2. Civil cases

1. Criminal cases: It relates to commission of crime.

These cases are tried in criminal courts.
 The police initiates the case through public prosecutor
and the accused person is the defendant here.
criminal cases may be:
a. Cognizable cases: relates to cognizable offences.
b. Non cognizable case.
c. Warrant case: It is related to an offence punishable
with death, life imprisonment or imprisonment for ≥ 2
years; e.g. murder, dowry deaths, attempt to murder
cases.
d. Summon case: it is related to the case with maximum
punishment of imprisonment up to 2 years. e.g. cases
of attempt to suicide or voluntarily causing hurt.
e. Police case: it is a case instituted by police for trial in
a court.
f. Complaint case: it is a case not instituted by police or
on police report but is initiated by an individual in
court.

2. Civil case:
These are the cases relating to the dispute between
two parties lodged in court of law. These case do not
relate to an offence or crime. They are tried in civil
court. The party lodges complaint is complainant and
opposite is respondent. There is no provision of
punishment here. The case is just settled in court by