hierarchy of courts in India

1. Courts In India
Dr Nikita Prabhakaran
Junior Resident
Dept of Forensic medicine

2. Court??? Meaning
• A body of people
• Presided over by a Judge, Judges or magistrate
• Acting as a tribunal in civil and criminal cases

3. Court? In Law
• ‘Court’ Sec 3 Of IEA (Indian Evidence Act) includes
• All judges and magistrates and all persons
• Except arbitraries
• ‘Legally authorized’ to take evidence

4. Importance of a Court???
• Evidence is that which is
• only recorded
• during “a trial in court”
• when opportunity is given to the accused
• to “cross-examine” the witnesses
• Sec 3 of IEA

5. Hierarchy of Courts in India

6. Court- Types (Modi)
1. Court of facts  Conduct the trials
2. Court of Appeals/ Reviews
Courts of trials for offenders in India
Courts of Sessions
Courts presided over by
Magistrates

7. Supreme Court
High Court
District Court Sessions Court
District & Sessions Court
Principal Junior Civil Judge Court
Munsif Court, Small Course Court, Lok Adalat
Judicial Magistrate
(First Class)
Sub-Court
Judicial Magistrate
(Second Class)
Courts of smaller
causes
Labour Courts
Sessions CourtCity Civil Court
Chief Metropolitan Courts
Metropolitan
Magistrate Courts
Metropolitan Courts
Specialised Tribunals
Family Courts
National Level
State Level
Subordinate Court at
District Level
Subordinate Court at
Metropolitan Level
CivilCivil CriminalCriminal

8. Constitution of Criminal Courts
Court Of Sessions Court Of Magistrates
Court Of
Judicial Magistrates
Sessions Judge
Asst Sessions Judge
Addl Sessions Judge
Court Of
Executive Magistrates
Chief metropolitan Magistrate
Addl Metropolitan Magistrate
Metropolitan Magistrate
Chief Judicial Magistrate
Judicial Magistrate of First Class
Judicial Magistrate of Second Class
Special Judicial Magistrate

9. Supreme Court of India

10. •Apex Court of the Country
•Highest court of appeal
•New Delhi
•Called as “Custodian of Constitution”

11. Established Article 124 (124-147)of the Constitution
“ There shall be a Supreme Court of India consisting of
Chief Justice Of India(Senior most by age) + not more than 7 other judges(1950)
 30 judges(2008)
• Every judge- appointed by the President
• Recommendation of the National Judicial Appointments Commission(NJAC)
• Shall hold office until 65 years of age

12. • Qualification of the Judge:
Citizen of India and (any age)
5 years experience as a High Court Judge or
10 years as an advocate of the High Court or
distinguished jurist in the opinion of the President
• Impeachment procedure:
Parliament  Rajya Sabha& Lok Sabha (2/3 Special majority) President
• Grounds of Impeachment:
Misbehaviour to the Constitution
Incapacity

13. Jurisdiction
Original
Disputes
States-UT
States-States
Writ
Jurisdiction
Fundamental
Rights
Appellate
Trials in
High court
Advisory
President(not
binding)
Judicial
Review
Change
Act/Law

14. Powers
• Can try all kinds of criminal offences
• Can pass any sentence authorised by Law
• Including the Death Sentence
• Section 53 of IPC enumerates the types of punishments:
• Death
• Imprisonment for life
• Imprisonment-either rigorous/ simple
• Forfeiture of property
• Fine

15. High Court

16. • Apex court of the State
• Under Article 214 of the Constitution of India (214-231)
• Established according to Indian High Court act,1861
• Calcutta Bombay Madras (1862)Allahabad (1866)
• 2019(1 January) Andhra Pradesh High Court
• Total 25 High Courts
• Usually situated in the Capital of State

17. • Except
• Kerala Kochi (Thiruvananthapuram)
• Gujarat Ahmedabad (Gandhinagar)
• Uttar Pradesh Allahabad (Lucknow)
• Orissa Cuttack (Bhuvaneshwar)
• Chattisgarh Bilaspur (Raipur)
• Madhya Pradesh Jabalpur (Bhopal)
• Rajasthan Jodhpur (Jaipur)
• Uttaranchal Nainital
• Do not exist in every state
• (7 th Ammendment in 1956 allows 2 states to have a single HC)
• 28 states + 7 Union Territories 25 High courts
• Eg: Kerala  Kerala +Lakshwadeep

18. Constitution
• Presided over by the Chief Justice of the State
• Appointed by the President of India (Article 216)
• After consultation with Chief Justice of India, NJAC and Governor of the State
• Oath- Governor
• Qualification of the judge :
• Citizen of India
• Any age
• 10 years experience as an advocate in the High Court
• Eminent Jurist

19. • Impeachment- similar to Judges of Supreme Court
• Retirement age- 62 years
Jurisdiction
Original
Only if the
subordinate courts
are not authorised
Writ
Jurisdiction
Fundamental Rights +
ordinary legal rights
Appellate
(mostly)

20. Powers
• It can try all kinds of Criminal Offences
• Can pass any sentence authorized by law (including death sentence)
• Sec 28 (1) of CrPC
• Confirmation of death sentence issues in the District and Sessions Courts

21. Subordinate Courts

22. • Chapter II (Section 6- 25 A ) of CrPC
• Besides the High Courts , there shall be in every state, the following classes of
Criminal courts, namely:
(i)Courts of Session
(ii)Judicial Magistrate of the First class
(Metropolitan Magistrate in Metropolitan Area)
(iii)Judicial Magistrate of the Second class
(iv)Executive Magistrates

23. Sessions Court
•

24. • ‘Court of Sessions’
• (Latin : ‘sedere’ to sit together)
• Chief court at the District Level
• One sessions court for every Sessions division
• Sec 9(1) of CrPC
• Presided over by District Sessions Judge
• Appointed by High Court

25. • Located at the headquarters of each District
• So called as ‘ District Sessions Court’
• District Sessions judge
• Civil case District Judge
• Criminal Case Sessions Judge
• In areas of population > 10 lakh Metropolitan areas
• Also called as the “City sessions court” (Sessions Judge)

26. Three levels of Judges :
• Sec 9 (4) of CrPC
• The High Court may also appoint
• Additional sessions Judges
Sessions of one court to be an additional judge in another
• Assistant sessions judges
To look after a sub-division in certain district
• Court of sessions presided by the senior judge- ‘Principal Court of Sessions’
• Others – ‘Additional Court of Sessions’

27. Jurisdiction
• It can try only those cases (No original Jurisdiction )
• Which have been committed to it by a magistrate
• (Section 193 CrPC)

28. Power
• Any period of Imprisonment
• Any amount of fine
• Capital Punishment also
• (but should be confirmed by High Court)
• Addl Sessions Judge - same as that of District/Sessions Judge
• Asst Sessions Judge - 10 years imprisonment + Any Fine

29. Judicial Magistrate Courts

30. Three types ( Sec 11-19 of CrPC)
• Chief Judicial Magistrate (Chief Metropolitan Magistrate)
• Judicial Magistrate of First Class (Metropolitan Magistrate)
• Judicial Magistrate of Second Class (No equivalent)

31. Sec 12 of CrPC
• (1)High Court may appoint
• Any Judicial Magistrate of the First Class to be the Chief Judicial Magistrate
• (2)High Court may appoint
• Any Judicial Magistrate of the First Class to be the
Additional Chief Judicial Magistrate
• Shall have all or any powers of the CJM
• (3) High Court may designate
• Any Judicial Magistrate of the First Class in any sub-division
• as Sub-divisional Judicial Magistrate
• Have similar powers over the judicial magistrates (except Addl CJM)
• like CJM in his sub-division

32. Special Judicial Magistrates (Sec 13 of CrPC)
• High Court
• On requisition from Central/ State Govt
• Confer powers on any Judicial Magistrate of the First Class
• In respect to particular cases in any local area
• Posted as Special Judicial Magistrate
not exceeding for a period more than one year
• Powers as that of Judicial First Class Magistrate (below CJM)

33. Powers
Court/Judge Imprisonment Fine Law
Chief Judicial
Magistrate
7 years Any amount Sec 29(1) of CrPC
First Class Judicial
Magistrate
3 years 10,000 Sec 29 (2) of CrPC
Second Class
Judicial Magistrate
1 year 5,000 Sec 29 (3) of CrPC

34. Special Courts

35. Mahila Courts
• Recently established to try offences against women
• Function as Additional Sessions Court
• Presided by Women Judges
• Pass any sentence including death

36. Tribunals/ Special Sessions Court
• Special courts set up to decide cases in a particular area
• Civil cases
• (Administrative tribunals, Consumer courts, Debts recovery tribunals,
Employment Tribunals, Rent control Tribunals)
• Criminal cases
• (Economic Offences and corruption Cases, Juvenile Justice Board, Narcotics Court,
Railway Tribunals, Rioting and mass tragedies, Terrorists and Disruptive Activities
Act, Prevention of Terrorism Act, Economic offences and corruption)

37. Advantages of such courts:
1. Specially trained in such cases
2. Speedy / time bound justice

38. Fast-Track Courts
• Courts to quickly dispose of cases
• in a timebound manner
• To clear the backlog of pendency
• in the Dist/ Subordinate Courts
• Cases: (a) cases related to atrocities on women
(b) clear cases of people who are in jails without trials (1.80 Lakh)
Presided by judges appointed for a 5-year contract

39. Military Courts
• To try military personnel and prisoners of war
• Function under the Army Act 1950
• Such a trial is called- “Court Martial”

40. Executive Magistrates

41. Revenue
courts
Board of Revenue
Commissioner,Collector
Tahsildar
Asst Tahsildar