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Learning the Entire CrPC in Hind - Section 6, 7, 8, 9, 10, 11, 12, 13, 14,15,
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Classes Of Criminal Courts - Section 6
Criminal Jurisdiction of SC and the HC
HC to have superintendence over all courts and tribunals throughout the
territories in relation to its jurisdiction - Article 227
Section 406 CrPC - Duty of High Court to exercise continuous
superintendence over Courts of Judicial Magistrates
Separation of judiciary from the executive
Section 6 ⇒ Executive Mag, different category from Judicial Mag
Article 50 of Constitution
LC 41st Report
Example
Hierarchy of Criminal Courts
Court of Session - Section 9
(1) The State Government shall establish a Court of Session for every
sessions division
(2) Sessions Judge - P.O, to be appointed by the High Court
(3) Additional Sessions Judges and Assistant Session Judges - to be
appointed by the High Court
(4) The Sessions Judge of one sessions division may be appointed by the
High Court to be also an Additional Sessions Judge of another division
1) Where the office of the Sessions Judge is vacant, High Court may make
arrangements for the disposal of any urgent application by Addn. SJ
or CJM (If there is no ASJ)
2) Sitting Place of CoS
3) All Assistant Sessions Judges shall be subordinate to the Sessions
Judge - S 10(1) S 10. Subordination of Assistant Sessions Judges
Duty of Session Judge
Courts of Judicial Magistrate - Section 11
Court of Judicial Magistrate of First Class or the Second Class, - JMFC
● 11(1) → State Government may, after consultation with the High Court,
establishes court of JMFC for every district
● The presiding officers of such Courts shall be appointed by the High
Court. (Through the Civil Judge Jr Div Exams, PCS - J
● The High Court may, whenever it appears to it to be expedient or
necessary, confer the powers of a Judicial Magistrate of the first
class or of the second class on any member of the Judicial Service of
the State, functioning as a Judge in a Civil Court.
Special Courts of Judicial Magistrates of the first class or
of the second class 11(1) Proviso
1. State Government may, after consultation with the High Court, establish,
2. to try any particular case or particular class of cases where any such
Special Court is established,
3. no other Court of Magistrate in the local area shall have jurisdiction to
try any case or class of cases for the trial of which such Special Court
of Judicial Magistrate has been established
Court of Chief Judicial Magistrate - Section 12
CJM
12 (1) For every district, High Court shall appoint a Judicial Magistrate
of the first class to be the Chief Judicial Magistrate.
CJM decides the Ilaqa - u/s 14(1)
CJM subordinate to the Sessions Judge u/s 15(1) S 15. Subordination of
Judicial Magistrates
CJM supervises every other JMs u/s 15(1)
CJM make rules or give special orders, as to the distribution of business
among the Judicial Magistrates subordinate to him
CJM to decide the Ilaqa - Chief Judicial Magistrate may, from time to
time, define the local limits of the areas within which the Magistrates
appointed under section 11 or under section 13 may exercise all or any of
the powers u/s 14(1)
(2) Additional Chief Judicial Magistrate
The High Court may appoint any Judicial Magistrate of the first class to
be an Additional Chief Judicial Magistrate
such Magistrate shall have all or any of the powers of a Chief Judicial
Magistrate
(3) Sub-divisional Judicial Magistrate
The High Court may designate any Judicial Magistrate of the first class
in any sub-division.
Shall also have and exercise, such powers of supervision and control over
the work of the Judicial Magistrates (other than Additional Chief
Judicial Magistrates) in the sub-division (Subject to the general control
of the CJM)
Special Judicial Magistrates - Section 13
Appointed by High Court if requested by the Central or State Gov
Any person who holds or has held any post under the Government
For Trial of particular cases or to particular classes
Appointed as JMFC or JMSC
Must possesses such qualification or experience in relation to legal
affairs as the High Court may, by rules, specify.
Not exceeding one year at a time
Local jurisdiction of Judicial Magistrates - Section 14
Subordination of Judicial Magistrates - Section 15
Court of Metropolitan Area
Section 8(1) - A million population
Different but parallel set up
Reasons
Criminal Jurisdiction of SC and the HC
HC to have superintendence over all courts and tribunals throughout the
territories in relation to its jurisdiction - Article 227
Section 406 CrPC - Duty of High Court to exercise continuous
superintendence over Courts of Judicial Magistrates
Separation of judiciary from the executive
Section 6 ⇒ Executive Mag, different category from Judicial Mag
Article 50 of Constitution
LC 41st Report
Example
Hierarchy of Criminal Courts
Court of Session - Section 9
(1) The State Government shall establish a Court of Session for every
sessions division
(2) Sessions Judge - P.O, to be appointed by the High Court
(3) Additional Sessions Judges and Assistant Session Judges - to be
appointed by the High Court
(4) The Sessions Judge of one sessions division may be appointed by the
High Court to be also an Additional Sessions Judge of another division
1) Where the office of the Sessions Judge is vacant, High Court may make
arrangements for the disposal of any urgent application by Addn. SJ
or CJM (If there is no ASJ)
2) Sitting Place of CoS
3) All Assistant Sessions Judges shall be subordinate to the Sessions
Judge - S 10(1) S 10. Subordination of Assistant Sessions Judges
Duty of Session Judge
Courts of Judicial Magistrate - Section 11
Court of Judicial Magistrate of First Class or the Second Class, - JMFC
● 11(1) → State Government may, after consultation with the High Court,
establishes court of JMFC for every district
● The presiding officers of such Courts shall be appointed by the High
Court. (Through the Civil Judge Jr Div Exams, PCS - J
● The High Court may, whenever it appears to it to be expedient or
necessary, confer the powers of a Judicial Magistrate of the first
class or of the second class on any member of the Judicial Service of
the State, functioning as a Judge in a Civil Court.
Special Courts of Judicial Magistrates of the first class or
of the second class 11(1) Proviso
1. State Government may, after consultation with the High Court, establish,
2. to try any particular case or particular class of cases where any such
Special Court is established,
3. no other Court of Magistrate in the local area shall have jurisdiction to
try any case or class of cases for the trial of which such Special Court
of Judicial Magistrate has been established
Court of Chief Judicial Magistrate - Section 12
CJM
12 (1) For every district, High Court shall appoint a Judicial Magistrate
of the first class to be the Chief Judicial Magistrate.
CJM decides the Ilaqa - u/s 14(1)
CJM subordinate to the Sessions Judge u/s 15(1) S 15. Subordination of
Judicial Magistrates
CJM supervises every other JMs u/s 15(1)
CJM make rules or give special orders, as to the distribution of business
among the Judicial Magistrates subordinate to him
CJM to decide the Ilaqa - Chief Judicial Magistrate may, from time to
time, define the local limits of the areas within which the Magistrates
appointed under section 11 or under section 13 may exercise all or any of
the powers u/s 14(1)
(2) Additional Chief Judicial Magistrate
The High Court may appoint any Judicial Magistrate of the first class to
be an Additional Chief Judicial Magistrate
such Magistrate shall have all or any of the powers of a Chief Judicial
Magistrate
(3) Sub-divisional Judicial Magistrate
The High Court may designate any Judicial Magistrate of the first class
in any sub-division.
Shall also have and exercise, such powers of supervision and control over
the work of the Judicial Magistrates (other than Additional Chief
Judicial Magistrates) in the sub-division (Subject to the general control
of the CJM)
Special Judicial Magistrates - Section 13
Appointed by High Court if requested by the Central or State Gov
Any person who holds or has held any post under the Government
For Trial of particular cases or to particular classes
Appointed as JMFC or JMSC
Must possesses such qualification or experience in relation to legal
affairs as the High Court may, by rules, specify.
Not exceeding one year at a time
Local jurisdiction of Judicial Magistrates - Section 14
Subordination of Judicial Magistrates - Section 15
Court of Metropolitan Area
Section 8(1) - A million population
Different but parallel set up
Reasons
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