Criminal Court and its Types

Criminal Court and its Types

In the previous article, the meaning and types of Civil Courts have discussed. The present article will discuss the meaning and types of Criminal Courts. The criminal wrong though committed against one particular person/group but it is as an offence against the entire Society. Therefore, the criminal wrong is more heinous than that of civil or any other wrong.

Section 6 of the Criminal Procedure Code, 1973 provides the classes of Criminal Courts. It states that besides the High Court and Court constitutes under any law, there shall be in every state, the following classes of Criminal Courts, namely:

1.Session Court

Section 9 of the Criminal Procedure Code, 1973 talk about the Sessions Court. According to it, the State Government will establish a Court of Session for every session division. The High Court will appoint the judge of the Session Court. With the Session Judge, the High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session. They are responsible for cases relating to murders, theft, dacoity, pick-pocketing and other such cases in case of absence of the Sessions Judge.

2. The Judicial Magistrate

In every district, which is not a metropolitan area, there shall be as many as Judicial Magistrates of first-class and of second class. Most importantly, the High Court will appoint the presiding officer. Every Judicial Magistrate shall be subordinate to the Sessions Judge. The Chief Judicial Magistrate shall be the Judicial Magistrate of the first class. Only the Judicial Magistrate of First Class may be designated as Additional Chief Judicial Magistrate.

3. Metropolitan Magistrate

Metropolitan Magistrates are in Metropolitan areas. The High Courts have the power to appoint the presiding officers. The Metropolitan Magistrate shall be the Chief Metropolitan Magistrate. The Metropolitan Magistrate shall work under the instructions of the Sessions Judge.

4. Executive Magistrate

According to Section 20 of Code of Criminal Procedure, every district and in every metropolitan area, State Govt.  shall appoint an executive Magistrate and one of them becomes District Magistrate and it can appoint any Executive Magistrate as the Additional District Magistrate and such magistrate has the same power as enjoyed by the District Magistrate under Code of Criminal Procedure. And the State Government shall give charge of a sub-division to the Executive Magistrate. The Executive Magistrate who get the charge of a sub-division shall be the Sub-divisional Magistrate.

As stated above, the criminal wrong is not the wrong only against one individual but against the whole society. It is important to have the proper executions of the hierarchy of the Courts to provide justice to the victim in a timely manner. The ratio of cases which are reaching their conclusion with the number of cases which are administering each day into the Courts differs a lot. The cases which are reaching their end are far lower than the cases which are being registered into the judiciary. If there is no hierarchy of Courts then there will be mismanagement of the cases.

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