Criminal Courts: Classes Of Criminal Courts In India

Classes of Criminal Courts

Criminal Law- The Code of Criminal Procedure, 1973

 

Classes of Criminal Courts under CrPc –

Section 6 of the Code specifies the classes of criminal courts. It says-

Besides the High Courts and the courts constituted under any law, there shall be in every State the following classes of Criminal Courts namely-

(i) Court of Session- District Court is referred to as Session Court when it exercises its jurisdiction on criminal matters under The Code of Criminal Procedure.

(ii) Judicial Magistrate of First Class, Metropolitan Magistrate in any metropolitan area

  • Judicial Magistrate First Class

These Courts are on the second lowest level of the Criminal Court structure in India. These Courts may be established by the State Government in consultation with the High Court of the respective State, at such places in the district and in any number by issuing a notification.

As per section 29 of CrPc these Courts may pass a sentence of imprisonment for  a term not exceeding three years, or a fine not exceeding five thousand rupees, or both.

  • Metropolitan Magistrate

These Courts are on the second lowest level of the Criminal Court structure in India. These Courts may be established by the State Government in consultation with the High Court of the respective State, at such places in every metropolitan area and in any number by issuing a notification.

A Metropolitan Magistrate who is the first class Magistrate is under the control of sessions Judge and is subordinate to the Chief Metropolitan Magistrate.

As per section 28 of CrPc a Metropolitan Magistrate may pass a sentence of imprisonment for  a term not exceeding one year or a fine not exceeding five thousand rupees.

(iii) Judicial Magistrate of the Second Class –

These Courts may be established by the State Government in consultation with the High Court of the respective State, at such places in the district and in any number by issuing a notification.

As per section 29 (3) of CrPc, these Courts shall reward imprisonment for a term not exceeding one year, or fine not exceeding one thousand rupees, or both.

(iv) Executive Magistrate

 

 

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