Understanding The Hierarchy: A Guide To Section 6 BNSS And Classes Of Criminal Courts In India (BHARTIYA NAGRIK SURAKSHA SANHITA, 2023) by Akansha Koshta / 16/07/2024

INTRODUCTION: -

In India, the criminal courts are organized into a hierarchical structure under the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), to administer justice efficiently. At the apex is the Supreme Court of India, the highest judicial authority and the final court of appeal. Below it is the High Courts, which have jurisdiction over one or more states and can hear appeals from lower courts. The Sessions Courts, constituted by Sessions Judges as per Sections 12 and 13 of the BNSS, handle serious criminal cases and can impose any sentence, including the death penalty. Assisting the Sessions Judges are Additional and Assistant Sessions Judges, with varying levels of sentencing authority. Judicial Magistrates, defined under Sections 14, 15, and 18 of the BNSS, are divided into Chief Judicial Magistrates (CJM) and Additional CJMs, who oversee all magistrates in the district, and Judicial Magistrates First Class and Second Class, who handle less severe offenses with limited sentencing powers. In metropolitan areas, the corresponding courts are the Chief Metropolitan Magistrate (CMM) and Metropolitan Magistrates, as outlined in Sections 19, 20, and 21 of the BNSS. Executive Magistrates, described in Sections 22 to 25 of the BNSS, including District Magistrates (DM), Sub-Divisional Magistrates (SDM), and other Executive Magistrates, focus on administrative functions and law enforcement duties. Additionally, Special Courts, established under various special laws, deal with specific types of offenses, ensuring specialized and expedited justice. This structured hierarchy ensures a comprehensive and effective criminal justice system in India.

CLASSES OF CRIMINAL COURTS (under section – 6 of BNSS): -

Section 6: - Classes of Criminal Courts – Bhartiya Nagarik Suraksha Sanhita, 2023

Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely: -

(i) Courts of Session;

(ii) Judicial Magistrates of the first class;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

JURISDICTION AND POWERS OF EACH COURT CLASS: -

The jurisdiction and powers of each class of criminal courts in India are defined under the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS):

1. Supreme Court of India (Art – 124): -

• Jurisdiction: The Supreme Court is the highest court of appeal in the country. It has original, appellate, and advisory jurisdiction.

• Original Jurisdiction: In cases involving disputes between states or between the central government and states.

• Appellate Jurisdiction: In cases involving substantial questions of law and in appeals against the judgments of the High Courts.

• Advisory Jurisdiction: The President of India can seek the Supreme Court's opinion on legal or constitutional matters.

2. High Courts (Art – 214): -

• Jurisdiction: High Courts have original and appellate jurisdiction within their territorial limits, which can cover one or more states or union territories.

• Original Jurisdiction: In civil and criminal matters specified under the law.

• Appellate Jurisdiction: Hears appeals against judgments from subordinate courts.

• Supervisory Jurisdiction: High Courts have the power of superintendence over all subordinate courts and tribunals within their jurisdiction.

3. Sessions Courts (Sections 12 and 13 of the BNSS)

• Sessions Judge:

Jurisdiction: Handles serious criminal cases, including those punishable with death, life imprisonment, or imprisonment for more than seven years.

Powers: Can pass any sentence authorized by law, including the death penalty.

• Additional Sessions Judge:

Jurisdiction: Similar to Sessions Judges but appointed to assist and handle cases as directed by the Sessions Judge.

Powers: Can pass any sentence authorized by law, including the death penalty, subject to confirmation by the High Court.

• Assistant Sessions Judge:

Jurisdiction: Handles cases transferred to them by the Sessions Judge.

Powers: Can impose a sentence of imprisonment up to ten years and any fine authorized by law.

4. Judicial Magistrates (Sections 14, 15, and 18 of the BNSS)

• Chief Judicial Magistrate (CJM):

Jurisdiction: Oversees all magistrates in the district.

Powers: Can try offenses punishable with imprisonment up to seven years.

• Additional Chief Judicial Magistrate:

Jurisdiction: Assists the CJM and handles cases as directed by the CJM.

Powers: Similar to the CJM.

• Judicial Magistrates First Class:

Jurisdiction: Handles less severe offenses.

Powers: Can impose a sentence of imprisonment up to three years and a fine up to Rs. 50,000.

• Judicial Magistrates Second Class:

Jurisdiction: Handles minor offenses.

Powers: Can impose a sentence of imprisonment up to one year and a fine up to Rs. 10,000.

5. Metropolitan Magistrates (Sections 19, 20, and 21 of the BNSS)

• Chief Metropolitan Magistrate (CMM):

Jurisdiction: Found in metropolitan areas with a population exceeding one million.

Powers: Similar to the CJM, with jurisdiction over metropolitan areas.

• Additional Chief Metropolitan Magistrate:

Jurisdiction: Assists the CMM.

Powers: Similar to the CMM.

• Metropolitan Magistrates:

Jurisdiction: Handle cases within metropolitan areas.

Powers: Same as Judicial Magistrates First Class.

6. Executive Magistrates (Sections 22 to 25 of the BNSS)

• District Magistrate (DM):

Jurisdiction: Overall charge of the executive magistracy in the district.

Powers: Administrative and executive functions, such as maintaining law and order, granting licenses, and performing non-judicial functions.

• Sub-Divisional Magistrates (SDM):

Jurisdiction: Oversee subdivisions of districts.

Powers: Similar to the DM within their subdivisions.

• Executive Magistrates:

Jurisdiction: Handle administrative functions within their assigned areas.

Powers: Limited judicial powers, primarily focused on administrative duties and law enforcement.

7. Special Courts

• Special Judges (under various special laws):

Jurisdiction: Appointed to deal with specific types of cases, such as those under the Prevention of Corruption Act, the Narcotic Drugs and Psychotropic Substances Act, and other special legislations.

Powers: These courts have the authority to try offenses under specific laws and can impose sentences as per the respective acts.

COMEPETENCY TO PUNISHMENT (under section 22,23,24, of BNSS): -

According to Bhartiya Nagrik Suraksha Sanhita, 2023, Section – 22 provide sentence which High Court and Court of session judges may pass: -

(1) A High Court may pass any sentence authorised by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

According to Bhartiya Nagrik Suraksha Sanhita, 2023, Section – 23 provide sentence which Magistrate may pass: -

(1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.

(2) the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.

(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service.

Explanation. —"Community service" shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.

According to Bhartiya Nagrik Suraksha Sanhita, 2023, Section – 24 provide sentence of imprisonment in default of fine: -

(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:

Provided that the term—

(a) is not in excess of the powers of the Magistrate under section 23;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23.

CONCLUSION: -

The hierarchical structure of criminal courts in India, under the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), ensures an organized and efficient dispensation of justice. At the pinnacle stands the Supreme Court, exercising appellate jurisdiction over lower courts and possessing the competence to impose any lawful punishment. High Courts adjudicate appeals and possess original jurisdiction in certain matters, playing a pivotal role in the judicial hierarchy. Sessions Courts handle serious offenses, including those punishable by death, followed by Judicial Magistrates and Metropolitan Magistrates who address less severe offenses. Each court's jurisdiction and competency to impose punishment are meticulously defined, ensuring equitable justice delivery across the nation's diverse legal landscape.

This note written by Akansha Koshta.