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BA-LLB 9th Sem

Criminal Procedure Code
BL-902
Constitution of Criminal Court and Power: -
Introduction: -
Supreme Court is the apex and appellate court, High Court is also appellate court.
Court means the principal civil court of original jurisdiction in a district, and
includes the High Court in exercise of its ordinary original civil jurisdiction.
Having jurisdiction to decide the questions forming the subject-matter. In this way
this Code attempts to make balance between Judiciary and Executive. All court
having own powers and jurisdiction.
Section 6 – Classification of criminal court.
Beside High court there are four courts in every state
1) Court of Session.
2) Judicial Magistrate of the first class and, in any Metropolitan area, Metropolitan
Magistrates.
3) Judicial Magistrate of the second class.
4) Executive Magistrates.
These courts are in addition to the High court which is the creation of constitution
of Indian and the other courts constituted under any law other than Cr.P.C like
juvenile Bord created under juvenile justice (care and protection of children) Act
2000.
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Criminal Court:- A) Session court

B) Magistrate court
A) Session Court: -

A) Session Court

Session judge Additional session judge Assistant session judge Sec

Sec 9(2) Sec 9(3) 9(5)

Session Judge and Additional Session Judge may pass any sentence authorized by
law, but sentence of death is subject to the confirmation by High court.
B) Magistrate court:-
B Magistrate Court

Court of Judicial Court of Executive

Magistrate Magistrate

Metropolitan Other
Area Sec 8 Area

Court of Judicial Magistrate (Sec 11): -

1) In every district the state government shall be established as many courts of
judicial Magistrate of the first class and second class and at such places, as the
State Government may, after consultation with the High Court, by notification
specify.
Provided that the State Government may after consultation with the High Court,
establish for any local area, one or more special Courts of Judicial Magistrates
of the first class or of the second class to try any particular case or particular
class of cases ,and where any such Special Court is established ,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.
ii) The presiding officer of such courts shall be appointed by the High court.
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iii) The High Court may, whenever it appears to it to be expedient or necessary,

confer the power 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.
Metropolitan area (sec 8): -

Metropolitan
Area

Chief Additional chief Metropolitan Special

Metropolitan Metropolitan Magistrate Metropolitan
Magistrate Sec 17 Magistrate Sec Magistrate Sec
17(2) 18

The State Government may by notification, declare that, as from such date as may
be specified in the notification, any area in the State comprising a city or town
whose population exceeds one million shall be a metropolitan area for the purpose
of this Code.
In the presidency towns of Bombay, Madras and Calcutta, the Magistrate work
was in the hands of a special category of Magistrate known as the Presidency
Magistrate Usually such persons appointed to these posts have had special
qualifications or experience and were paid higher emoluments.
Courts of metropolitan Magistrates (sec 16): -
1) In every Metropolitan Area State government established as many Courts of
Metropolitan Magistrate, after consultation with the High Court, by notification,
specify
2) The presiding officers of such courts shall be appointed by the High Court.
3) The jurisdiction and power of every Metropolitan Magistrate shall extend
through the Metropolitan Area.
Chief Metropolitan Magistrate C.M.M. (sec 17): -The High Court shall appoint a
Metropolitan Magistrate to be Chief Metropolitan Magistrate in Metropolitan Area
Power of CMM is Imprisonment up to 7 years and or fine authorized by law.
Additional chief Metropolitan Magistrate sec17(2):- The High Court may appoint
any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate,
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and such Magistrate shall have all or any of the powers of a Chief Metropolitan
Magistrate under this code.
Special Metropolitan Magistrate sec 18:-This sec makes provision for the
conferment upon any person all or any of the powers conferred or conferrable by or
under this code on a Metropolitan Magistrate in respect to particular case or to
particular classes of cases in any Metropolitan area within local jurisdiction .Such
Magistrate are called special metropolitan Magistrate, and be appointed for the term
not exceeding one year at a time, as the High Court may by general or special order
Chief judicial Magistrate (sec 12)

Court of Judicial Magistrate

Other Area

Chief judicial Additional First Class Second Class Sub-divisional Special

Magistrate Chief Judicial Judicial Judicial Judicial
Judicial Magistrate Magistrate Magistrate Magistrate
Magistrate

1) In every district the High Court shall appoint a Judicial Magistrate of the first class
to be the Chief Judicial Magistrate.
2) The Court may appoint any Judicial Magistrate of the first class to be an Additional
Chief Judicial Magistrate
3) The power of the chief Judicial Magistrate and Additional Chief Judicial Magistrate
are 7year Imprisonment and or fine authorized by law
First Class Judicial Magistrate: -the High Court may appoint one or more Judicial
Magistrate of the first class, and he may sentence of imprisonment for a term not
exceeding three years (3year) or fine not exceeding ten thousand rupees (10,000) or
both.
Second class Magistrate may pass a sentence of imprisonment for a term not
exceeding one year (1year), or of fine not exceeding five thousand rupees (5000
rupees) or of both .
Special Judicial Magistrate sec 13:- The High Court may appoint a special Judicial
Magistrate on the request of the Central or state Government. Such Magistrate shall
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be appointed for such term, not exceeding one year at a time as the High Court
may, by general or special order direct.

Magistrate Court

Court of Executive
Magistrate

District Additional Sub-divisional Executive Special Executive

Magistrate District Executive Magistrate Magistrate Magistrate Sec 21
Sec 20 Magistrate

Court of Executive Magistrate :-In every district (metropolitan area ),The State
Government may appoint as may person as it thinks fit to be Executive Magistrate
and shall appoint one of them to be the District Magistrate .(sec 20)
Additional District Magistrate:-the state Government may appoint any Executive
Magistrate to be an Additional District Magistrate who shall such of the powers of
a District Magistrate as may be directed by the State Government
Sub-divisional Executive Magistrate:-The State Government may place an
Executive Magistrate in -charge of a sub -division and such Magistrate shall be
called as Sub -Divisional Magistrate. (Sec20 (4)).
The State Government may delegate its powers under sub-section (4) to the District
Magistrate this delegation of power is to enable the District Magistrate to place an
Executive Magistrate to be in-charge of a sub division
Special Executive Magistrates :-According to sec 21 the State Government may
appoint for such term as it may think fit, such Executive Magistrate ,known as
Special Executive Magistrate .He may appoint for particular area or for the
performance of particular function ,Power of special Executive Magistrate are
conferrable under this code on Executive Magistrate as it may deem fit .
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Exercise: -
Q1. What do you understand by a court of session? What are the sentences which a
Session Judge may pass?
Q2. What do you understand by the court of Executive Magistrate?
Q3. What are the various classes of Criminal Courts?
Q4. What are the sentence which High Court and Session judges may pass ?
Q5. What is the sentence which a court of Chief Judicial Magistrate may pass?
Q6. What is the sentence which the Court of a Magistrate of First Class may pass?
Q7. What is the sentence which the Magistrate of a Magistrate of second Class may
pass?
Q8. What is the sentence which the Court of a Chief Metropolitan Magistrate may
pass?
Reference: -
 Lal Ratan & Lal Dheeraj, The code of Criminal Procedure.
 M.D Chaturvedy, The code of Criminal Procedure ,1973,Fiftth Edition ,2015
Kelkar R.V., Criminal Procedure Code.
 Mishra S.N., The Code of criminal Procedure.
 Bare Act.

Compiled by
Smt. Sudeshna
Assistant Professor of Law
ILS, CCSU Campus Meerut
For further clarification you may reach us via
E-mail- sudeshcm@gmail.com
Mob- 7409496868