jurisdiction of indian judiciary system

2. JURISDICTION OF INDIAN JUDICIARY
SYSTEM
By
Adv.Abhimanyu J Jadhav
B.E(I.T),LL.B,Dy.Cy.L
12/10/2020
adv.abhimanyu.jadhav@gmail.com

3. RECENT TRENDS IN LAW
CRIMINAL PROCEDURE CODE
 Plea Bargaining in Criminal Cases
 Plea bargaining is introduced in India by
Criminal Law (Amendment) Act, 2005.
 This affects cases in which the maximum
punishment is imprisonment for seven years.
 However, offenses affecting the socio-
economic condition of the country and
offenses committed against a woman or a
child below the age of fourteen are excluded.

4. RECENT TRENDS IN LAW
CIVIL PROCEDURE CODE, 1908
 MEDIATION & CONCILIATION ENCOURAGED
 NUMBER OF ADJOURNMENTS-3
 SERVICE OF SUMMONS BY OTHER MEANS
 EVIDENCE BY WAY OF AFFIDAVITS
 TIME LIMIT TO PRONOUNCE JUDGEMENTS

5. NEW TRENDS IN JUDICIARY
 Computerisation of Courts
 Scope of PIL is being limited
 Judiciary has become more open
 Concept of Justice at Door-Step encouraged
 Lok Adalats
 Special Courts to dispose off Petty Cases
 Evening Courts started in many States

6. Legal Education
At present there are two educational options for would-
be Law graduates in India.
 One is a five year program, to which one can be
admitted after passing a school-leaving examination
taken after completion of 10+2.
 The other is a three year program available only to
those who have already graduated with a degree in
Arts, Science or Commerce.

8. Separation of Powers
 In Pursuance of the scheme of separation of executive from the judiciary(u/A 50 of the Constitution) – Two
Categories of Magistrate are Created.
 Judicial Magistrate _Appointed and Controlled by the High Court and Discharge Judicial Functions
 Executive Magistrates – Appointed and Controlled by the state government and discharge executive
functions i.e. Maintenance of Law and Order

9. Executive Magistrate
 For District – District Magistrate , Additional Magistrate , Executive Magistrates
 For Sub Divisions – Sub Divisional Magistrate , Additional Sub Divisional Magistrate ,
Executive Magistrate

10. Judicial Magistrate
 Justice of Supreme Courts and High Courts
 Judges of District Courts ,
 Metropolitan Magistrate ,
 Judicial Magistrate First Class , Judicial Magistrate Second class

11. Types of Jurisdiction
 Subject Matter - It means that court has the authority to hear type of case or controversy
initiated in its court.
 Territorial - Every court has its own limits, fixed by the State Government, beyond which it
cannot exercise it
 Pecuniary - There are a large number of civil courts of different grades having jurisdiction to try
suits or hear appeals of different amounts or value
 Original or Appellate - he jurisdiction of a court may be Original and also Appellate

12. Jurisdiction of Supreme Court
 Court of Record . Has Power to Punish for Contempt (A.129)
 Original Jurisdiction(A.131)
 Highest Court of Appeal in Country (A.132,133,134 &136)
 Writ Jurisdiction(A.32)
 Advisory Jurisdiction(A.143)
 Law Declared by the Supreme Court is Binding Upon all Courts inIndia (A.141)

13. Jurisdiction of High Court
 Court of Record. Has Power to Punish for Contempt (A.215)
 Original Jurisdiction n Civil and Criminal Matters in Case of Some High Courts.
 Appellate Jurisdiction in Respect of Criminal and Civil cases Decided by Subordinate Courts
 Revisional Jurisdiction conferred under CPC and CrPC.
 Writ Jurisdiction(A.226)
 Administrative Jurisdiction over Sub. Court

14. Civil Subordinate Courts to High Court
 In Cities - The subordinate courts include the District Judges, Judges of
the city civil courts, Metropolitan magistrates and members of the judicial service of
the state.
 In District - The subordinate courts include District Judge , Civil Judge Senior
Division, Civil Judge Junior Division.

15. Criminal Courts Subordinate to High Court
 In Cities – Sessions Court (Session Judge, Addl. Session Judge , Asst. Session Judge
) , Chief Metropolitan Magistrate Court , Metropolitan Magistrate
 In District – Sessions Court (Session Judge, Addl. Session Judge , Asst. Session
Judge ) , Chief Judicial Magistrate , Judicial Magistrate Fist Class , Judicial Magistrate
Second Class.

16. Sentencing Power of Different Trail Courts
 Session Judge and Add. Session Judge
Any Sentence authorised by Law But death sentence to be confirmed by the High Courts
 Assistant Session Judge
Imprisonment upto 10 Years and fine Authorised by LAW
 Cheif Judicial/Metropolitan Magistrate
Imprisionment upto 7 yrs and fine authorised by Law

17. Sentencing Powers of Different Trail Courts
 Judicial Magistrate First Class
Imprisonment upto 3 Years and Fine not exceeding Rs.10,000
 Judicial Magistrate Second Class
Imprisonment upto 1 year and Fine not exceeding Rs.5,000

18. Are you aware that...
 About two-thirds of our laws have not been used in independent India.
 About 10 per cent of them can be scrapped right away.
 And most of the 10 per cent in use currently have so many obsolete and conflicting provisions.
 The oldest law in the country has been in operation for over a century and half. The one sentence 1836
Bengal District Act empowers the Bengal government to create as many zillas as it wants. The Act still
exists.

19. Are you aware that... Cont…
 Under the Indian Sarais Act, 1867, it is a punishable offence for ‘inn-keepers’ not to offer free drinking
water to passer-by.
 Only about 40 per cent of our laws are in regular use. Independent India has till now found no conceivable
use for the rest.
 While India badly needs efficient laws, the time spent by the law-making body on the job is unbelievably
little.
 Parliament spends less than 0.6 per cent of a Lok Sabha day on law-making.

20. THANKS
Interesting Legal websites:
 www.indlii.org
 www.judis.nic.in
 www.indiacode.nic.in
 www.delhicourts.nic.in
 www.legalbasket.com
 www.indiacyber.net
 www.supremecourtofindia.nic.in
In case of any suggestion/clarification, Pls mail at: adv.abhimanyu.jadhav@gmail.com