Indian Legal System in reference to structure and function of courts

1. Indian Legal System in Reference
to Structure & Function of Court
Presented By:
Dr. Himanshi
Department of Forensic Medicine
&
Toxicology

2. Indian Legal System
 Indian law refers to the system of law which operates
in India.
 It is largely based on English common law.
 Various Acts introduced by the British are still in effect
in modified form today.1

3. Indian legal system
 Indian legal system on criminal matters is dependent
upon Indian Penal code(IPC), Criminal Procedure Code
(CrPC) & Indian evidence act (IEA).
 Indian Penal Code (IPC) 1860
 Body of law, framed by the British came into force on 6th
Oct 1860.
 Classifies all the possible crimes & prescribes punishment
for them
 Has 23 chapters and 511 sections
 Chapters 16 (s.299-377) deals with offences affecting
human body and is most relevant to medical practitioner.2

4. Indian legal system contd..
 Criminal Procedure Code 1973
 body of law which came into force on 25th Jan 1974
 Deals with the powers of criminal courts and prescribes
procedures to be followed in criminal cases.
 Has 37chapters, 484 sections & 2 schedules
 IEA 1872
 Came into force on 15th march 1872
 Has 11 chapters & 167sections
 Prescribes rules for regarding procedures for tendering
evidence in court of law
 Civil procedural code 1908
 Equivalent of CrPC, but applicable in civil cases

5. History of Indian Law
 Ancient India represented a distinct tradition of law.
 India had an historically independent school of legal
theory and practice.
 The Arthashastra , dating from 400 BC, and the
Manusmriti, were from 100 AD, were influential
treatises in India.
 Manu's central philosophy was tolerance and
pluralism, cited across Southeast Asia.

6. Legal Procedures
Terminologies
1. Bill
 When a new law is introduced in the parliament.
2. Act
 When the bill has been passed by both the
houses of the parliament, & signed by the
president.
3. Code
 Generally a very large body of law esp. A
systematically arranged collection or compendium
of laws on a subject.

7. Legal Procedures
Terminologies contd..
4. Rules and regulations:
 Some specific guidelines issued to implement acts
are rules & rarely further guidelines issued
regarding how rules are to be followed are
regulations.
5. Section:
 An individual piece of law in a code or act. They
are assigned numerals.

8. Legal Procedures
Terminologies contd..
6. Indian constitution:
 It is the most supreme body of law. If any law comes in
conflict with the constitution it should be struck off.
7. Substantive law:
 Substantive law deals with the “substance” of the legal
matter – whether it is a criminal charge, or a civil case.3
8. Procedural law:
 Procedural law specifies the process that each case must
go through to its conclusion, which does not necessarily
mean the case goes trial.3

9. Stages of a Criminal Trail
 Registration of FIR
 Commencement of
investigation &
collection of evidence by
investigating agency
 Production of accused
before magistrate within
24hrs
 Bail hearing before
appropriate court
 After completion of
investigation
 Decision
 Trail
 Appeal
 Arguments
 Judgements

10. Courts of Law
 Court is an organ of judiciary department of the
government, whose function is to apply law to the
controversies brought before it and public administration
of justice.
 Courts of law are of two types:
1. Civil court
2. Criminal court
 The constitution of criminal court is dealt by the Chapter
II (S.6-S.24A) of CrPC
 There are 5 types of criminal court.

11. Structure (hierarchy) of Indian judiciary
Supreme
Court
High court
District & Session
Court
Additional Session Court
Assistant Session Court
Chief Judicial Magistrate Court
1st Class Judicial Magistrate Court
2nd Class Judicial Magistrate Court

12. Supreme Court
It is the Court of Appeal.

13. Supreme court
1. Apex court of the country
estd. Under Article 124 of
the constitution of India.
2. Location : New Delhi
3. Presided by chief justice of
India, who is appointed by
President of India.
Justice Ranjan Gogoi is
the 46th Chief Justice of
India. He was sworn in on 3
October 2018.

14. Supreme court contd..
4. Power over lower courts
 It supervises all lower courts
 Parties dissatisfied with decisions in various high courts
may go for an appeal in the Supreme court.
5. The law declared by it is binding on all the lower courts
in India (article 141 of the Constitution of India).
6. Powers: It can try all kinds of criminal offences, and it
can pass any sentence authorized by law, including the
death sentence.2

16. Supreme court contd..
7. Jurisdiction
 Original jurisdiction
 The case comes straightforward to supreme court,
without going to any lower court first.
 Supreme court has direct jurisdiction only in cases
where there is a dispute between government of
India & the state, or between 2 states (article 131
of Constitution of India).
 It has no jurisdiction over disputes arising from the
agreements with the rulers of native states.3

17. Supreme court contd..
 Jurisdiction contd..
 Appellate jurisdiction
 Means the case comes to supreme court after having been
decided in lower courts.
 It extends to
 Criminal appeals
o If high court has awarded death sentence by reversing
decision of lower court in acquittal of accused.
o If high court withdraws a case from lower court &
convicts it to death sentence after fresh trail.
o If high court certifies that it is fit case for appeal.

18. Supreme court
Appellate jurisdiction contd..
 Civil appeal
 If value of disputed subject matter is > Rs 20 lacs.
 If high court certifies it as fit case for appeal, as it involves
substantial points of constitutional law.
 A special appeal this can be granted against the order or
decision of any court, authority or board except military
tribunals to protect human rights.

19. Supreme court
 Advisory Jurisdiction
 The president can refer any question of law or fact for
opinion of supreme court.
 These questions may include disputes involving
interpretation of treatise and agreements with rulers of
former state, although the courts have no original
jurisdiction over it.
 Concurrent Jurisdiction

20. High Court

21. High Court contd..
1. Apex court of state estd. Under Article 214 of the
Constitution of India.
2. Location: Each state (with some exceptions) has 1
high court, which is usually located in capital city of
that state.
 High courts do not exist in every state.
 High courts are not necessarily located in capital
state.
 Between 28 states and 7 UT there are at present
21 high court.

22. High Court contd..
3. Presided over Chief justice of the state, appointed
by president of India (Article 216 of Constitution of
India).
4. Every Judge in high court is appointed by president
of India in consultation with Governor & Chief
Justice of the respective High court.
4. Powers
 It can try all kinds of criminal offences , and it can
pass any sentence authorized by law, including the
death sentence(S.29(1) of CrPC)

23. High Court contd..
4. Jurisdiction
 Parties dissatisfied with decisions in session
courts may go for an appeal in the High Court
(‘COURT OF APPEAL’)
5. Confirmation of Death sentence
 If the district and session court has awarded
capital punishment, it must be confirmed by the
High court of that state.

24. Session Court

25. Session Court contd..
1. Also k/a the Court of Sessions.
2. Location : A session court is estd. at every district
headquarters for that particular district.
3. There is one session court for every sessions division.
[S.9(1) CrPC].
4. Presided over by district judge appointed by the high
court [S.9(2) CrPC]

26. Session Court contd..
5. The high court may also appoint additional session
judges & assistant session judges.
6. Cases it may take : it can only try cases, which have
been committed to it by a magistrate [S.9(3) CrPC].
7. Officers 3 levels of officers sit here [DSJ], Additional
DSJ, assistant session judge.
8. DSJ is also k/a a District Judge when he presides over
a civil case, and a Sessions Judge when he presides
over a criminal case.

27. Session Court contd..
9. A sessions judge or an additional sessions judge
can try any sessions triable case and may pass any
sentence authorised by law but the death sentence
passed by such courts need to be confirmed by
High court.
10. Assistant session judge, subordinate to district
sessions judge, may pass any sentence authorized
by law except:
 A sentence of death
 A sentence of life imprisonment
 A sentence of imprisonment exceeding 10yrs
 He has no power to hear an appeal case.

28. Judicial magistrate court
Difference between a Judge & a magistrate-
1. CrPC does not differ between the two.
2. Both deliver the judgement.
3. However Judicial officers of higher rank are referred to
as Judges, those of lower ranks are Magistrates.

29. Judicial magistrate court contd..
 Types : Judicial magistrate are if 3 types
1. Chief judicial magistrate
2. First class judicial magistrate
3. Second class judicial magistrate
 The high court will appoint in every district one 1st class
judicial magistrate as the chief judicial magistrate to
remain in general control of all other magistrates in
district.

30. Judicial magistrate court contd..
 In every district there will be courts of Judicial magistrates
of 1st class and 2nd class.
 The CJM shall subordinate to district and sessions judge
and all other judicial magistrate, shall, subject to general
control of the sessions judge, be subordinated to CJM.
 In metropolitician cities chief judicial magistrate is k/a Chief
metropolitician magistrate (CMM).
 1st class magistrate is k/a metropolitician magistrate.

31. Judicial magistrate court contd..
Functions of CJM
 He will be the chief of all other Judicial magistrate- 1st
class and 2nd class of the district.
 He will allocate business to different courts and supervise
their functions in the district.
 He may impose any amount of monetary fine.
 He can pass any sentence authorized by the law, except
 A sentence of death
 A sentence of life imprisonment
 A sentence of imprisonment exceeding 7 yrs

32. Judicial magistrate court contd..
Powers of 1st class Magistrate
1. He can try all cases except that of murder, rape,
dacoity, criminal abortion, etc.
2. He can pass a sentence of imprisonment not
exceeding 3yrs.
3. He can impose fine not exceeding Rs.10000.
4. He can pass both the sentences together.

33. Judicial magistrate court contd..
Powers of 2nd class Magistrate
1. He cannot imprison for more than 1yr in one count of charge.
2. He cannot impose fine exceeding more than Rs.5000.
3. He can impose both sentences together.
A magistrate is authorized to award twice the amount of
imprisonment, he is permitted to order against 2 or more
counts of offences in one trail. But in no case one can be
imprisoned for more than 14yrs by any magistrate ( S.81
CrPC)

34. Executive Magistrate
 State government appoint a govt. Officer as executive
magistrate for any district of that state.
 He can be asked to view a dead body and hold an
inquest, can pass order under section 144 or any other
duty as may be entrusted by the government.

35. Special courts
1. Tribunals
 These are special courts set up to decide cases
in a particular area only.
2. Fast track court
 These are courts to quickly dispose of cases in a
time bound manner.
3. Military courts
4. Family courts

36. Special courts contd..
Tribunals
1. Advantage of tribunal judge is specially trained in
trying one kind of offence
 Also speedy time bound justice.4
2. Tribunals exist for both civil and criminal justice
1. Civil
 Administrative tribunals
 Consumer tribunals
 Debts recovery tribunals
 Employment tribunals
 Rent control tribunals

37. Criminal
tribunals
Juvenile
court
Narcotics
court
Railway
tribunals
Rioting and
mass tragedy
e.g. Bhopal
gas tragedy
Offences
under
(TADA) act
and (POTA)
Offences
undet
SC/ST
act
Economic
offences &
corruption
cases
Special courts contd..
Tribunals

38. Consumer Courts
District redressal forum Deals in matter of
money involving upto
20lakhs
Presided by Retired
session court judge
State redressal forum 20lakhs to 1crore Retired high court judge
Central redressal forum >1crore Retired supreme court
judge

39. TADA offences

40. Juvenile court
 The 1st class magistrate who presides
over juvenile court will be juvenile
magistrate.
 He tries offenders under 16yrs of age
under Children act 60 of 1960.
 CJM or Juvenile magistrate can only
try juvenile offenders.4

42. Juvenile court contd..
 Juvenile justice board Sec 4 of the ‘ The Juvenile
Justice ( care of protection of children ) act 2000’
discusses about constitution of juvenile justice board.
 It consists of 3 persons:
1. 1st class Judicial magistrate. Designated as principal
magistrate.
2. Two social workers, of whom one shall be a women.
 The board has all the powers of 1st class judicial
magistrate i.e. It can pass a sentence of 3yrs and a fine of
Rs.10000 only.

44. Fast Track courts
 These are courts to quickly dispose cases in time bound
manner. Presided by judges who are appointed on a 5yr
contract.
 The aim is to clear the backlog of pendency in the district
and subordinate courts.
 Cases related to atrocities dealt on women (S.498A
married women subjected to cruelty) dowry death cases
are generally referred here.
 To clear cases of people who are languishing in jails
without trails (estimated 1.80lakh under trails in jail).

46. Military court
 These are set up to try military personnel and
prisoners of war (POW).
 They function under the army act 1950.
 Trial conducted by a military court is called a court
martial.
 According to the Army Act, army courts can try
personnel for all kinds of offenses, except for murder
and rape of a civilian, which are primarily tried by a
civilian court of law.

47. Military court contd..
 Major Leetul Gogoi, the
Army officer involved
with using a human
shield on his military jeep
during the 2017 Srinagar
bypoll, has been
punished by the army
with loss of seniority of
six months after he was
found with a local girl in
a Srinagar hotel in May
2018.

48. Recent trends CrPC
 Plea Bargaining in Criminal Cases
 Plea Bargaining’ can be defined as pre-trial negotiations
between the accused and the prosecution during which the
accused agrees to plead guilty in exchange for certain
concessions by the prosecution.
 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.

49. Plea bargain

50. Recent trends
Civil Procedural Code, 1908
 MEDIATION & CONCILIATION ENCOURAGED
 SERVICE OF SUMMONS BY OTHER MEANS
 EVIDENCE BY WAY OF AFFIDAVITS
 TIME LIMIT TO PRONOUNCE JUDGEMENTS

51. Recent trends
Judiciary
 Computerisation of Courts
 Scope of PIL is being expanded
 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

52. Facts
 About two-thirds of our laws have not been used in
independent India.
 About 10% of them can be scrapped right away.
 And most of the 10% 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.

53. Facts
 Under the Indian Sarias Act, 1867, it is a punishable
offence for ‘inn-keepers’ not to offer free drinking water to
passer-by.
 Only about 40% of our laws are in till now regular use.
 Parliament spends less than 0.6% of a Lok Sabha day on
law-making.

54. References
1. https://en.wikipedia.org/wiki/Common_law
2. Textbook of Forensic medicine and toxicology by Dr.Anil
Aggrawal
3. https://legaldictionary.net/procedural-law/
4. Forensic medicine and toxicology J.B. Mukerjee

55. Thank you..