hierarchy of criminal Courts in india

1. Hierarchy of Criminal Courts in India

2. Administration of Justice
Most basic function of the State.
Power used by the State through judiciary to
enforce rights and punish wrongs.
It involves two parties –
- Complainant and Accused or Prosecution and
Accused – in criminal cases

3. System of Courts in India
• At Centre level – Supreme Court of India
• At State level – High Court
• At District and Subordinate level –
Subordinate Courts

4. The Supreme Court of India
The Supreme Court of India is established in
accordance with Article 124 and Chapter 4 of
Part V of the Indian Constitution

5. Jurisdiction of the Supreme Court
• Court of Record. Power to punish for
contempt. (Article.129)
• Original Jurisdiction. (Article.131)
• Highest Court of Appeal in the country.
(Article.132,133,134 & 136)
• Writ jurisdiction.(Article.32)
• Advisory Jurisdiction.(Article.143)
• Law declared by the Supreme Court binding
on all Courts in India.(Article.141)

6. The High Courts
The High Court is on the second level of the
hierarchy. They are governed by Article 141 of
the Indian Constitution and are bound by the
Supreme Court’s decision.

7. Jurisdiction of the High Court
• Court of Record. Has power to punish for contempt.
(Article.215)
• Original Jurisdiction in civil and criminal matters in the
case of some High Courts.
• Appellate jurisdiction in respect of criminal and civil
cases decided by Subordinate courts.
• Revisional Jurisdiction conferred under the Criminal
Procedure Code.
• Writ jurisdiction.(Article.226)
• Administrative Jurisdiction over subordinate courts.

8. Criminal Courts Subordinate to the
High Court
• In Cities
• Sessions Court (Sessions
Judge, Addl. Sessions
Judges and Asst.
Sessions Judges)
• Chief Metropolitan
Magistrate’s Court
• Metropolitan Magistrates’
Courts
• In Districts
• Sessions Court (Sessions
Judge, Addl. Sessions
Judges and Asst.
Sessions Judges)
• Chief Judicial
Magistrate’s Court
• Judicial Magistrates of
First Class.
• Judicial Magistrates of
Second Class.

9. The Sessions Judge
Section 9 of CrPc discusses the establishment of the
Sessions Court. The state government has established a
high court, which must be presided over by a judge
appointed by the high court. The High Court appoints
other judges and assistant judges. The Supreme Court is
usually located at the place ordered by the High Court.
However, under any special circumstances, if the meeting
court considers that it must cater to the convenience of
the parties and witnesses, it should preside over the
meeting in any other place after the complainant and the
defendant agree. According to section 10 of CrPC,
assistant conference judges shall be responsible to
conference judges

10. The Additional/ Assistant Sessions
Judge
These are appointed by the high courts of
specific states. In the absence of a conference
judge, they are responsible for cases related to
murder, theft, licentiousness, pickpocketing, etc.

11. The Judicial Magistrate
In every area that is not a metropolitan area, the
number of first- and second-class judicial judges
should not be large. The official presiding over
the meeting shall be appointed by the High
Court. Every judicial magistrate shall obey the
judges of the conference

12. Chief Judicial Magistrate
Except for the Metropolitan area, the Judicial
Magistrate of the first class shall be appointed as
the Chief Judicial Magistrate. Only the Judicial
Magistrate of First Class may be designated as
Additional Chief Judicial Magistrate.

13. Metropolitan Magistrate
They are established in the Metropolitan area.
The High court has the power to appoint
presiding officers. The Metropolitan Chief
Justice is appointed Chief Justice of the City. The
Chief Justice of the Metropolitan shall act as
directed by the Sessions Judge.

14. Executive Magistracy
• For Districts
- District
Magistrates
- Additional District
Magistrates
-Executive
Magistrates
• For Subdivision
- Sub-Divisional
Magistrate
- Additional
SubDivisional
Magistrate
- Executive
Magistrates

15. Executive Magistrate
According to section 20 in every district and in
every metropolitan area, an Executive
Magistrate shall be appointed by the State
Government and one of them becomes District
Magistrate