Explain Classification Or Constitution of Criminal courts And Powers Explain in Details.

Explain Classification of Criminal Courts or Constitution of Criminal Courts And Powers : 

Synopsis : 

                    1) Introduction :

                    2) Meaning : 

                    3) Classes Of Criminal Courts Or Constitution Of Criminal Courts :

                     A) Supreme Court : 

                     B) High Court : 

                     C) Session Court : 

                     D) Judicial Magistrate First Class :

                     E) Judicial Magistrate Second Class :         

                    4) Executive Magistrate : 

                    5) Hierarchy of Executive Magistrate : 

                     A) District Magistrate :

                     B) Sub-divisional Magistrate :

                     C) Executive Magistrate :

                    6) Powers Of Criminal Courts :

                       A) Supreme Court :

                       B) Hight Court : 

                       C) Session Court :

                       D) JMFC : 

                       E) JMSC :

                       F) Executive Magistrate : 

                    7) Conclusion :

                                                  

                     

1) Introduction :

1. Chapter II And section 6 to 20 deals with the Constitution Of Criminal Courts and offices. And Powers of courts mention chapter III 21 to 29.

2. The Criminal Administration of Justice is administered through the various criminal courts according to the provisions of the Criminal Procedure Code.

3. The object of the Criminal Courts is to administer the justice and to punish the culprits & wrongdoers for prevailing the peace in the country.

4.The Supreme Court of India and a High Court for each state have been created by the constitution, and their, jurisdictions & powers including those in respect of criminal matters are well defined in the Constitution itself. Under the Indian Constitution, the Supreme Court has been empowered to deal with certain criminal matters.

5. In addition, the Criminal Procedure Code makes provision of appeal to the S.C. under certain circumstances.

6. On the other hand, this Code of 1973 further provides for the Constitution of other Criminal Courts to deal with the Criminal matters. Its objects are fair & speedy trial, convenience to the parties.2) 

Further provided that these Criminal Courts constituted under this Code shall exercise its powers under the supervision of the High Court of each state.

2) Meaning : 

 A criminal court is a legal body empowered to hear and decide cases involving individuals or entities charged with breaking the criminal law of a country or state.

3)  Classes Of Criminal Courts Or Constitution Of Criminal Courts :

A) Supreme Court : 

1. It is a Higher authority of Court or supreme appeal in courts and also established by constituation of india. It has power to any sentence authorized by law. It has also power to issue writs e.g,. Habeas corpus, Mandamus, certiorari, prohibition, quo-warranto.

B) High court : 

1.High court is the highest court within a state or union territory. it has appellate jurisdiction, original jurisdiction, territorial jurisdiction. it has power to any sentence authorized by law. it has power to issue writs. 

C) Session Court : 

1. The state goverment shall establish a court of session for every sessions division. every court of session shall be presided over by a judge to be appointed by the high court.

2.The court of session shall ordinarily hold its sitting at such place or places as the high court may, by notification.

D) Judicial magistrate first class : 

1.In every district the state govt. shall establish as many courts of judicial magistrates of the first class after consultation with the high court, by notification. the presiding officers of such courts shall be appointed by the high court.

E) Judicial magistrate second class :

1.In every district the state govt. shall establish as many courts of judicial magistrates of the second class after consultation with the high court, by notificaton. the presiding officers of such courts shall be appointed by the high court. (tip : in maharashtra state not applicable.)

F) Executive Magistrate : 

1. In every district, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Sanhita or under any other law for the time being in force as may be directed by the State Government.

5) Hierarchy of Executive Magistrate : 

1. District Magistrate : 

A District Magistrate also known as district collector. He is the head of the district administration in every state. They are an officer of the indian Administrative services and are responsible for maintaining law and order , revenue administration , and overall governance of the district.

2. Sub-Divisional Magistrate :

A Sub-divisional magistrate (SDM) also, known as a sub-divisional officer (SDO). It is a high-ranking administrative officer in india responsible for maintaining law and order, supervision development projects, and overseeing revenue matters within a sub-division of a district.

3. Executive Magistrate :

1. In every district, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Sanhita or under any other law for the time being in force as may be directed by the State Government.

6. Power of Criminal Courts : 

A. Supreme Court : 

Supreme Court of india established by constitution of india And it has power to punish Any Sentence authorised by law.

Also it had power to issue certain writs in mentioned in artical 32 of indian constituation. like mandamus, habeas corpus, etc

Supreme court had also called guardian of indian constitution.

B. High Court : 

High Court established by constitution of india And it has power to punish Any Sentence authorised by law.

Also it had power to issue certain writs in mentioned in artical 32 of indian constituation. like mandamus, habeas corpus, etc

It has power to exercise original jurisdiction.

C. Session Court : 

A session Judge or additional session judge may pass any sentence authorised by law but in case of death sentence any such jugde shall be subject to confirmation by the high court.

D. JMFC :

A judicial magistrate first class may pass the sentence of imprisoment for a term not exceeding three years , or of fine not exceeding Rs. 50,000/- or both.

E. JMSC :

A judicial magistrate second class may pass the sentence of imprisoment for a term not exceeding 1 year or fine noe exceeding Rs. 10,000 or both.

F) Executive magistrate :

Executive magistrate has power to maintain law and order and preventing public nusiance , handling minor criminal cases and investigate, all such power had executive magistrate.

7. Conclusion : 

So, here we can studied about the constituion or classcification of criminal courts. all the points we had discussed and also powers of criminal courts also we had discussed here all the important points we had covered and discussed here.

This blog is written by : 

Adv. Sagar Dattatray Panchal. 

For all such notes and legal update please read my blog daily for university and all exams these notes are very important. 

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