Essay on the Criminal Courts of India !
The modem judicial system operating in India for the administration of criminal justice comprises the following categories of courts:
1. The Supreme Court of India:
It is the highest court in the country’s judicial system. So far criminal cases are concerned, the Supreme Court has only appellate powers that too in rare cases. It may, however, be stated that there is a move to enlarge the appellate jurisdiction of the Supreme Court in criminal cases.
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There is also a demand that the Supreme Court of India should exercise appellate jurisdiction over the cases where the accused has been sentenced to a term of imprisonment for ten years or more. The Supreme Court also has writ jurisdiction for the enforcement of fundamental rights.
The new trend is that the Supreme Court has started awarding monetary compensation to the victims of abuse of criminal law process, particularly in cases of custodial torture or illegal detention or abuse of power by the criminal law administrators violating the provisions of Article 21 of the Constitution relating to right to life and liberty of the victims. This is indeed a welcome step in the area of criminal justice system.
Yet another significant development in the functioning of the Supreme Court in dispensation of criminal case is its activism in warning the erring governments against abuse of power and authority. Highlighting the activist role of the Supreme Court, Justice Ganguly of the Court, who was probing into the 2-G spectrum scam case, observed, “Courts are now widening their jurisdiction and becoming the institutions of governance and are not merely as arbitrators of disputes.”
Lawyers and judges are making news every day. The Apex Court has to exert-judicial pressure on the government and its ministers/officials to mend things which are blatantly wrong and illegal and which are severely embrassing the government. Calling this expansion of judicial jurisdiction a major “transformation”, Justice Ganguly said this “development should percolate into law which would help in development of rule of law in this country.
2. The High Court’s:
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There is a High Court for each State or one or more States. It is the highest judicial institution within the State. The conditions and qualifications for appointment of Judges of a High Court are contained in Articles 217-222 of the Constitution of India. Each High Court has original as well as appellate jurisdiction.
The High Court has the power to issue certain writs to any person, authority or even the Government within its territorial jurisdiction for the enforcement of any of the rights conferred by Part in of the Constitution of India. The Court also has the power of superintendence over all subordinate courts and Tribunals situated within its territorial jurisdiction.
3. The Court of Session:
There is a Court of Session in each District which is presided over by a Sessions Judge and one or more Additional Sessions Judges. In certain cases, Assistant Sessions Judges are also appointed to work in the Sessions Court. The Sessions Judge or the Additional Sessions Judge is empowered to pass any sentence authorised by law but any sentence of death awarded by him must be confirmed by the High Court to which he is subordinate.
The Assistant Sessions Judges, however, are not competent to award a sentence of death, imprisonment for life or imprisonment for a term exceeding ten years. The Sessions Court exercises both original and appellate jurisdiction. The appointments of the Sessions Judges, Additional Sessions Judges and Assistant Sessions Judges are made by the High Court of the concerning State with a view to maintaining the independence of the judiciary.
4. The Courts of Judicial Magistrate:
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There are a number of courts of Judicial Magistrates functioning throughout the District. These Courts are set up by the State Government in consultation with the High Court. The Judicial Magistrates are appointed by the High Court and by the State Government. The High Court may, whenever it deems necessary or expedient, 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.
In each District not being a Metropolitan area, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate. The High Court may also appoint any Judicial Magistrate of the first class as an Additional Chief Judicial Magistrate in a District.
The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-Divisional Judicial Magistrate. There are a number of Judicial Magistrates of the second class as Special Judicial Magistrates functioning under the Chief Judicial Magistrate for the administration of criminal justice in the Division.
It must be stated that in the Code of Criminal Procedure, 1973, the provisions of the old Code relating to the Presidency Magistrates in the Presidency Towns of Bombay, Calcutta and Madras have been retained but in a different form. The Code provides for the establishment of Courts of Metropolitan Magistrates in Metropolitan areas instead of Presidency Magistrates.
Metropolitan Area, for the purpose of the Code of Criminal Procedure means any area in the State comprising a city or town whose population exceeds one million and is so declared by notification of the State Government, It therefore, follows that a city or town having its population over one million does not automatically become a ‘Metropolitan Area’ unless it is so declared and notified by the State Government.
The High Court shall appoint a Chief Metropolitan Magistrate in each Metropolitan area. It may also appoint an Additional Chief Metropolitan Magistrate. The powers and functions of the Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate are analogous to those of Chief Judicial Magistrate and Additional Chief Judicial Magistrates of the Districts. Similarly, one or more Special Metropolitan Magistrate may be appointed in the Metropolitan area who have the same powers as Special Judicial Magistrates of the second class in the district.
The sentencing powers of the aforesaid categories of Magistrates are contained in Sections 28 to 35 of the Code of Criminal Procedure, 1973. They are as follows:—
| Class of Magistrates | Sentencing power | |
| (a) Court of Chief Judicial Magistrate and Chief Metropolitan Magistrate. (b) Court of Magistrate of the First Class and Metropolitan Magistrates. (c) Court of Magistrate of the Second Class. | Imprisonment upto seven years, fine without limit. Imprisonment upto three years, fine upto Rs. 10,000. Imprisonment upto one year, fine upto Rs. 3,000. |
Besides the criminal courts mentioned above, the President of India and the Governors of the State have also been conferred certain judicial powers of sentencing the convicted persons. They have power to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute the sentence in certain cases.
In addition to the Judicial Magistrates, Executive Magistrates are also appointed by the State Government in each district. One of the Executive Magistrates is appointed as the District Magistrate and all the Executive Magistrates except Additional District Magistrate are subordinate to him.
These Magistrates belong to the executive branch of the Government and therefore, their appointment is not controlled by the High Court. The functions assigned to executive Magistrates include trial of offences involving preventive action, disputes concerning immovable property and offences relating to public nuisance and breach of peace.