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Hierarchy of Criminal Courts


         Administration of justice is the most important function of the State. For this purpose our Constitution has setup a hierarchy of Courts. The Supreme Court is the Apex body, followed by 24 High Courts which have been created by the constitution of India, and their jurisdiction and powers are well defined in the Constitution itself. Apart from the Supreme Court, High Courts and the court constituted under any law other than Criminal Procedure Code,1973, the following criminal courts have been described under Section 6 of the Criminal Procedure Code,1973:-
(i)          Courts of Session;
(ii)        Judicial Magistrate of the first class and , in any metropolitan area, Metropolitan Magistrate ;
(iii)      Judicial Magistrates of the second class; and
(iv)       Executive Magistrate.
      The State Government shall establish a court of session for every Session’s division. The Judge of the sessions Court is appointed by the High Court. In the hierarchy Session court is followed by Judicial Magistrate of first class and then Judicial Magistrate of second Class. In metropolitan area it is followed by chief Metropolitan Magistrate. Executive Magistrate is one of the classes of courts only while performing judicial Function.
     Chapter III of the Cr.P.C.1973 deals with jurisdiction and powers of criminal courts . Power of respective Courts:-
    Court                             Sentences             Statutory Provision
Supreme Court
Any Sentence authorized by Law

---------------
High Court
Any Sentence authorized by Law
Sec.28(1)
Session Judge, Additional Session Judge
Any Sentence authorized by Law, Sentence of death, however is subject to confirmation by High Court
Sec.28(2)
Assistant  Session Judge
Imprisonment up to ten years and/or fine
Sec.28(3)
Chief Judicial Magistrate and Chief Metropolitan Magistrate  
(Metropolitan Area)
Imprisonment up to seven years and/or fine
Sec.29(1)(4)
Judicial Magistrate   and Metropolitan Magistrate  
(Metropolitan Area)
Imprisonment up to three years and/or fine up to Rs:-10,000/-
Sec.29(2)(4)
Judicial Magistrate II Class
Imprisonment up to one year and/or fine up to Rs:-5,000/-
Sec.29(3)
Special Judicial Magistrate
Imprisonment up to three years and/or fine up to Rs:-10,000/-
            OR
Imprisonment up to one year and/or fine up to Rs:-5,000/-
Sec.13(1) read with Sec.29(2)


Sec.13(1) read with Sec.29(3)
   



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