Constitution of Criminal Courts and Offices The Criminal Procedure Code

Constitution of Criminal Courts and Offices Chapter -2 of CrPC

 Chapter -1

  • Section – 6.                Classes of Criminal Courts
  • Section – 7.                 Territorial divisions
  • Section – 8.                 Metropolitan areas
  • Section – 9-10.            Court of Session
  • Section – 11-15           Judicial Magistrates
  • Section – 16-19.          Courts of Metropolitan Magistrates
  • Section – 20 -23.         Executive Magistrates
  • Section – 24 – 25A     Public Prosecutor     

Section – 6.         Classes of Criminal Courts

Except High Court or Courts under other law there are following classes of courts in every State      

Courts

  • ·         Court of Session
  • ·         Court of Magistrate

Court of Session

  1.                  Sesssion Court
  2.                  Additional Session Court
  3.                 Assistant Session Court

Court of Magistrate

  1.                 Judicial Magistrate
  2.                 Executive Magistrate

Judicial Magistrate

  •   Judicial Magistrate in Metropolitan Area
  •   Judicial Magistrate in other Area

Judicial Magistrate in Metropolitan Area

  •   Chief Metropolitan Magistrate (CMM)
  • Additional Chief Metropolitan Magistrate (ACMM)
  •   Metropolitan Magistrate (MM)

Judicial Magistrate in other Area

  • Chief Judicial Magistrate (CJM)
  • First Class Judicial Magistrate
  • Second Class Judicial Magistrate
  • Special Judicial Magistrate

Executive Magistrate

  • District Magistrate (DM)
  • Additional District Magistrate (ADM)
  • Sub Divisional Magistrate (SDM)

Section -7.       Territorial divisions

  • Every State shall be  a Session Division,
  • Every State shall be devided into session division,
  • It can be one district or can consist more districts,
  • It may be any metropolitan area which may be declared by the state government by notification,(a separate sessions division and district)
  • The State Government can alter the number and boundaries of such divisions and districts after consultation with the high court.
  • The State Government can divide any district into sub-divisions and alter the number of such sub-divisions.

State                                                                Metropolitan Areas

  (every metropolitan area is a separate Sessions Division and District)

  • State Session division
  • Districts
  • Sub Divisions

Section -8.  Metropolitan Area

The State Government may by notification declare any

  • Area
  • Town
  • City

as a Metropolitan area if the population of the area is 10 lakh or more-

like Bombay, Ahemdabad, Calcutta, Madras

The State Government may extent, reduce and alter the particular metropolitan area

If population of any area is reduced from 10 lakh, then the area shall not be considered as a metropolitan area but any inquiry, trial or appeal pending immediately before such area (Court or Magistrate) shall continue to be dealth under this code.

Section -9. Court of Session

  • It is the duty of the State Government  to establish a Court of Session in every sessions division.
  • Every Court of Session is presided over by judge, Judges are appointed by high court.
  • High Court can appoint the Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in the Court of Session.
  • One Sessions Judge can be made  Additional Sessions Judge of another division and may sit such place or places as high court may direct for disposal of cases.
  • When the office of the Sessions Judge is vacant, the High Court can make arrangements for the disposal of any urgent application, pending before the Court of Session.

 By Additional Sessions Judge, by Assistant Sessions Judge, or, if there is no Additional or Assistant Sessions Judge, by Chief Judicial Magistrate.

  • Generally the Court of Session shall sit in that place or places which is prescribed by notification by high court,

 But, for any particular case can sit any other place also if the court of session is of opinion that  It will be convenient to witnesses and parties or It may, with the consent of prosecution & accused

 for the disposal of the case or the examination of any witness or witnesses.

Section – 10. Subordination of Assistant Sessions Judges

  • All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.
  • The Sessions Judge may make the rules consistence with this code from time to time to distribute the work among such Assistant Sessions Judges.
  • The Sessions Judge may make rules for the disposal of any urgent application, in his absence or inability to act,

 by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate,

and every such Judge or Magistrate shall have jurisdiction to deal with any such application.

Section – 11. Courts of Judicial Magistrates

  • In every district (non-metropolitan area), the State Government after consultation with the High Court shall establish Courts of Judicial Magistrates 1st class and 2nd  class as required by notification.

    But the State Government , after consultation with the High Court may establish one or more Special Courts of Judicial Magistrates of the 1st  or of the 2nd  class to try  any particular case or particular class of cases, for any local area,

where any such Special Court is established, other Court of Magistrate in the local area shall not have jurisdiction to try any case or class of cases for the trial of which such Special Courts has been established.

  • The presiding officers of such Courts shall be appointed by the High Court.
  • The High Court may, whenever it needs, 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.

Section -12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

  • In every district (not metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate (CJM).
  • The High Court may appoint any Judicial Magistrate of the 1st class to be an Additional Chief Judicial Magistrate(ACJM),

and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate  under this Code or under any other law for the time being in force, as the High Court may direct.

  • The High Court may designate any Judicial Magistrate of the 1st class in any sub-division as the Sub-divisional Judicial Magistrate (SDJM)  and can also relieve him of such responsibilities when required.

In Sub – Division, Subject to the general control of the Chief Judicial Magistrate every Sub-divisional Judicial Magistrate(SDJM) shall have and exercise, such powers of supervision and control over the work of the Judicial Magistrates(JM) (other than Additional Chief Judicial Magistrates).

All JM shall be subordinate to CJM except ACJM

Section -13. Special Judicial Magistrate

  • On request of the Central or State Government, the High Court can appoint any person who holds or has held any post under the Government, can give all        or any of the powers of Judicial Magistrate of the second class (JM II) for particular cases or particular   classes of cases in any local   area (not metropolitan area). 

But there must be legal qualification or experience in relation to legal affairs as the High Court may specify by rules.

  • Such Magistrates are called Special Judicial Magistrates (SDM) and appointed for one year at a time, as the High Court may direct by general or special order.
  • The High Court may empower a Special Judicial Magistrate to exercise the powers of  Metropolitan Magistrate in any metropolitan area outside his local jurisdiction.

Section – 14. Local jurisdiction of Judicial Magistrates.

  • Subject to the control of the High Court, the Chief Judicial Magistrate may give jurisdiction to all the magistrates from time to time within the Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers invested under this Code:

But the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.

  • Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extended in whole district.
  • Where the local jurisdiction of a Magistrate (appointed under section 11 or section 13 or section 18) extends to an area beyond the district, or the metropolitan area, in which he ordinarily holds Court,

any reference in this Code to the Court of Session, Chief Judicial Magistrate or the    Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction extends unless the context otherwise requires,

 as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, exercising jurisdiction in relation to the said district or metropolitan area.

Section – 15. Subordination of Judicial Magistrates.

  • Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge;

and every other Judicial Magistrate shall subject to the general control  of the Sessions Judge and shall be subordinate to the Chief Judicial Magistrate.

  • The Chief Judicial Magistrate may make rules or give special orders   consistent with this Code for the distribution of work among the Judicial Magistrates subordinate to him.

Section – 16. Courts of Metropolitan Magistrates.

  • The State Government, after consultation with the High Court shall establish many Courts of Metropolitan Magistrates in every metropolitan area as specify by notification.
  • The presiding officers of such Courts shall be appointed by the High Court.
  • The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.

Section – 17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.

  • The High Court, in every metropolitan area within its local jurisdiction, shall appoint a Metropolitan Magistrate (MM) to be the Chief Metropolitan Magistrate (CMM) for such metropolitan area.
  • The High Court may appoint any Metropolitan Magistrate (MM) to be an Additional Chief Metropolitan Magistrate (ACMM),

 and such Magistrate shall have all or any of the powers of a Chief  Metropolitan  Magistrate under  this Code or under any other law for the time being in force as the High Court may direct.

Section – 18. Special Metropolitan Magistrates.

  • On request of the Central or State Government, the High Court can appoint any person who holds or has held any post under the Government, can give all        or any of the powers of Metropolitan Magistrate for particular cases or particular classes of cases in any metropolitan area within its local jurisdiction. 

But there must be legal qualification or experience in relation to legal affairs as the High Court may specify by rules.

  • Such Magistrates are called Special Metropolitan Magistrates (SMM) and appointed for less than one year at a time, as the High Court may direct by general or special order.
  • The High Court or State Government may empower a Special Metropolitan Magistrate to exercise the powers of   Judicial Magistrate First class (JM I) in any metropolitan area outside his local jurisdiction.

Section – 19. Subordination of Metropolitan Magistrates.

  • The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate (ACMM) shall be subordinate to the Sessions Judge; and
  • Every other Metropolitan Magistrate shall subject to the general control of the Sessions Judge and shall be subordinate to the Chief Metropolitan Magistrate (CMM).
  • The High Court may define the extent of the subordination of the Additional Chief Metropolitan Magistrates (if any) to the Chief Metropolitan Magistrate for the purposes of this Code.
  • The Chief Metropolitan Magistrate may make rules or give special orders   consistent with this Code for the distribution of work among the Metropolitan Magistrates and the allocation of work to an Additional Chief Metropolitan Magistrate (ACMM).

Section – 20. Executive Magistrates.

  1. In every district and in every metropolitan area, the State Government may appoint as many persons to be Executive Magistrates and shall appoint one of them to be the District Magistrate.
  2. The State Government may appoint any Executive Magistrate (EM) to be an Additional District Magistrate (ADM),

and such Magistrate shall have the powers of a District Magistrate (DM) under this Code or under any other law for the time being in force as directed by the State Government.

  • Whenever, any officer succeeds temporarily to the executive administration of the district in consequence of becoming vacant of the office of a District Magistrate, such officer shall exercise all the powers and perform all the duties conferred and imposed by this Code on of the District Magistrate, pending the orders of the State Government.
  • The State Government may place an Executive Magistrate (EM) in charge of a sub-division and may relieve him of the charge as requires and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate.

4A)  The State Government may delegate its powers under sub-section (4) to the District Magistrate by general or special order and subject to such control and directions as it may fit to impose.

  • Nothing in this section shall preclude the State Government from conferring all or any of the powers of an Executive Magistrate on a Commissioner of Police in a metropolitan area, under any law for the time being in force.

Section – 21. Special Executive Magistrates.

  • The State Government may appoint Executive Magistrates as Special Executive Magistrates for a term, for particular areas or for the performance of particular functions and can confer such of the powers under this Code as it may fit on such Special Executive Magistrates.

Courts of Judicial Magistrate (JM)Courts of Metropolitan  Magistrate (MM)Executive Magistrate (EM)
Section – 11Section – 16Section – 20
In every district State Govt. after consultation with H.C. shall establish JM 1st  and JM 2nd  In every metropolitan area State Govt. after consultation with H.C. shall establish Court of M.M.In every district and in every metropolitan area State Govt. shall appoint E.M.
Presiding officers of such Courts shall be appointed by the High Court.  Presiding officers of such Courts shall be appointed by the High Court.  One of them shall be made District Magistrate (DM).
The powers of a JM 1st  and JM 2nd can be conferred to civil judge by H.C.  The jurisdiction and powers of every M.M shall extend throughout the metropolitan area.  Similarly ADM / SDM
  Powers of EM shall be given to commissionr of police in M.A.

CJM  and ACJMCMM and ACMM  
Section – 12Section – 17
In every district (not metropolitan area), the High Court shall appoint a JM 1st  class to be the Chief Judicial Magistrate (CJM).  In every metropolitan area within its local jurisdiction, The High Court shall appoint a (MM) to be the Chief Metropolitan Magistrate (CMM) for such metropolitan area.  
The High Court may appoint any JM 1st class to be an Additional Chief Judicial Magistrate(ACJM) and in any sub-division as (SDJM)  The High Court may appoint any (MM) to be an Additional Chief Metropolitan Magistrate (ACMM),  
All JM shall be subordinate to CJM except ACJM   

Special Judicial Magistrate (SJM)Special Metropolitan Magistrates.  Special Executive Magistrates.  
Section -13.Section – 18.Section – 21.
On request of the Central or State Govt., the H.C. can appoint any person who holds or has held any post under the Govt., can give all       or any of the powers of JM 2nd classOn request of the Central or State Govt., the H.C. can appoint any person who holds or has held any post under the Govt., can give all       or any of the powers of MM  The State Govt. may appoint Executive Magistrates as Special Executive Magistrates can confer such powers under this Code as it may fit on such Special Executive Magistrates
There must be legal qualification /experienceThere must be legal qualification / experience  for a term for particular areas or for the performance of particular functions
Such Magistrates are called Special Judicial Magistrates (SDM) and appointed for one year at a timeSuch Magistrates are called Special Metropolitan Magistrates (SMM) and appointed for one year at a time  Section – 22. DM u/c of State Govt. may define the local limits of the area within the EM may exercise all or any of power
The High Court may empower a SJM to exercise the powers of  MM in any metropolitan areaThe High Court or State Govt. may empower a Special Metropolitan Magistrate (SMM) to exercise the powers of   JM1s class in any metropolitan area   

Section – 22. Local Jurisdiction of Executive Magistrates.

  • The District Magistrate under  control of the State Government  may define the local limits of the areas within the Executive Magistrates may exercise all or any of the powers under this Code time to time.
  • The jurisdiction and powers of every such Magistrate shall extend throughout the district Except as otherwise provided by such definition,.

Section – 23. Subordination of Executive Magistrates.

  • All Executive Magistrates  other than the Additional District Magistrate  shall be subordinate to the District Magistrate and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate) exercising powers in a sub – division shall also be subordinate to the sub- divisional magistrate  under the general control of the District Magistrate.
  • The District Magistrate may make rules or give special orders consistent with this Code, time to time about  the distribution of work among the Executive Magistrates subordinate to him and allocation of work to an Additional District Magistrate.

Section – 24. Public Prosecutors (PP)

  1. The Central Government or the State Government, for every High Court after consultation with the High Court shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors  for conducting in such Court any prosecution appeal or other proceeding on behalf of the Central Government or State Government.
  2. The Central Government may appoint one or more Public Prosecutors in any district or local area for conducting any case or class of cases.
  3. The State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for every district.

But the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also for another district as a Public Prosecutor or an Additional Public Prosecutor.

  • The District Magistrate in consultation with the Sessions Judge shall prepare a panel of names of persons (who are fit in his opinion) to be appointed as Public Prosecutors or Additional Public Prosecutors   for the district.
  • No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the District  Magistrate under above  sub-section
  • If there is a regular Cadre of Prosecuting Officers in a state, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from that Cadre of Prosecuting Officers
  • But, if there is no suitable person in such Cadre in the opinion of the State Government for such appointment then  the Government may appoint a person as Public Prosecutor or Additional Public Prosecutor  from the panel of names prepared by the District Magistrate under sub-section (4).

Explanation

  • “regular Cadre of Prosecuting Officers”

means a Cadre of Prosecuting Officers which includes the post of a Public Prosecutor with name and which provides for promotion of Assistant Public Prosecutors with name to that post

  • “Prosecuting Officer”

means a person appointed to perform the functions of a Public Prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor under this Code.

  • A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor only if he has experience of 7 year as an advocate.
  • The Central Government or the State Government may appoint  a person as a Special Public Prosecutor who has been in practice as an advocate for ten years  for the purposes of any case or class of cases

But the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.

  •  For the purposes of sub-section (7) and sub-section (8)the period during which a person has been  in practice as a pleader, as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer (whether before or after the commencement of this Code) shall be deemed to be the period during which such person has been in practice as an advocate.

Section – 25. Assistant Public prosecutors.

  • The State Government shall appoint one or more Assistant Public Prosecutors in every district for conducting prosecutions in the Courts of Magistrates.
  • The Central Government may appoint one or more Assistant Public Prosecutors for the      purpose of conducting any case or class of cases in the Courts of Magistrates.
  • No police officer shall be eligible to be appointed as an Assistant Public Prosecutor.

                otherwise provided in sub-section (3).

  • Where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person as the Assistant Public Prosecutor for that particular case.

But a police officer who has participated in investigation into the offence to which the accused is being prosecuted, and if he is below the rank of Inspector shall not be so appointed.

Section – 25A. Directorate of Prosecution.

  • The State Government may establish a Directorate of Prosecution which shall have a Director of Prosecution (DP) and as many Deputy Directors of Prosecution (DDP) as State Government thinks fit.
  • A person shall be eligible to be appointed as a Director of Prosecution (DP) or a Deputy Director of Prosecution  (DDP) if he has been in practice as an advocate for ten years and such appointment shall be made with the concurrence of the Chief Justice of the High Court.
  • The Head of the Directorate of Prosecution shall be the Director of Prosecution  who shall function under the administrative control of the Head of the Home Department in the State.
  • Every Deputy Director of Prosecution (DDP) shall be subordinate to the Director of Prosecution (DP).
  • Every Public Prosecutor (PP), Additional Public Prosecutor (APP)  and Special Public Prosecutor (SPP) appointed   by the State Government  to conduct cases in the High Court shall be subordinate to the Director of Prosecution.
  • Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed  by the State Government to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 25 shall be subordinate to the Deputy Director of Prosecution.
  • The powers and functions of the Director of Prosecution (DP) and the Deputy Directors of Prosecution (DDP) and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as the State Government may specify by notification.
  • The Advocate General for the State while performing the functions of a Public Prosecutor shall not be subordinate.
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  • LedX
    12:44 PM, 15 November 2021

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