Courts of Judicial Magistrates
- According to Section 11 of the CrPC, there must be as many Courts of Judicial Magistrates of the First Class and of the Second Class established in each district (which is not a metropolitan area) and at the locations that the State Government may designate by notification following consultation with the High Court.
- The second-lowest tier of India’s criminal court system is the Court of Judicial Magistrate of First Class. A judicial magistrate is subject to the Chief Judicial Magistrate and is often overseen by the Sessions Judge, as per Section 15 of the CrPC.
- A Judicial Magistrate of First Class may sentence a person to a maximum of three years in jail, a maximum fine of ten thousand rupees, or both under Section 29 of the CrPC.
- Judicial Magistrate of the Second Class is the title of the lowest tier of the court system. If the offense carries a maximum sentence of one year in jail, a maximum fine of five thousand rupees, or both, this Court is qualified to hear the case.
- The First Class Magistrate is qualified to hear cases involving offenses carrying a maximum sentence of three years in jail or a fine of ten thousand rupees.
- The Second and First Class Magistrate Courts have been combined in states like Kerala.
- Any fine and a maximum sentence of seven years in jail may be imposed by the Chief Judicial Magistrate. The Assistant Sessions Judge is qualified to impose any fine and sentence up to 10 years in jail.
- The Sessions Judge may administer any legal penalty, but the executional sentence he issues must be approved by the High Court. (Sections 28 and 29 of the CrPC)
Categories of Criminal Courts in India
Courts that handle accusations of criminal activity are known as criminal courts. These courts rule on guilt or innocence and, in the event of a conviction, the appropriate sentence. The administration of criminal justice is handled by the Magistrate Courts and Sessions Courts. India’s substantive criminal law is made up of the Indian Penal Code, 1860 (IPC) and other penal statutes. The English criminal code served as a model for the Indian Penal Code. A Code of Criminal Procedure, 1861, was enacted in response to the IPC. Following the abolition of the 1861 Code, the 1973 Code of Criminal Procedure (CrPC) was created to administer and execute the substantive criminal law. The operation of the equipment used for the investigation and prosecution of the offenses is also governed and controlled by the CrPC.
Key Takeaways
- Indian criminal courts are based on an adversarial system; the judge hears arguments from the prosecution and defense before rendering a verdict based on the information provided. When it comes to cross-examining witnesses or gathering evidence, the judge is largely inactive.
- The purpose of this system is to guarantee that the accused is given a fair trial.
- In Indian criminal courts, the prosecution bears the burden of proof. They have to establish the accused’s guilt beyond a reasonable doubt.
- The Indian Constitution provides the accused of a criminal trial with a number of rights, including the right to a fair trial, the right to legal representation, and the right to avoid being forced to testify against oneself.
Table of Content
- Categories of Criminal Courts in India
- 1. Courts of Session
- 2. Chief Judicial Magistrate and Additional Chief Judicial Magistrate
- 3. Courts of Judicial Magistrates
- 4. Metropolitan Magistrates
- 5. Executive Magistrates
- Conclusion
- Criminal Courts-FAQs
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