Metropolitan Magistrates

  • The State Government may designate as many people as it deems appropriate to be Executive Magistrates in each district and metropolitan region, and it will designate one of them to be the District Magistrate.
  • These officials, who are part of the executive branch, collaborate with the police to uphold law and order in the city. A few legal tasks, such as traffic challans and document registration (such as sale deeds, wills, marriage certificates, and birth and death certificates), are also under their purview.
  • They go by the titles of executive magistrate, special executive magistrate, sub-divisional magistrate, and district magistrate (DM).

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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Categories of Criminal Courts in India

India’s criminal court system encompasses Sessions Courts for serious offenses and Judicial Magistrate Courts for less severe cases, ensuring justice is served across various levels, going through stages of criminal trials....

1. Courts of Session

The state government creates the court for each session division in accordance with Section 9 of the CrPC. A judge chosen by the High Court of that state presides over the court. In this court, the High Court may also designate Assistant Sessions Judges and Additional Sessions Judges. It has the authority to inflict any punishment, even the death penalty....

2. Chief Judicial Magistrate and Additional Chief Judicial Magistrate

The High Court shall designate a Judicial Magistrate of the First Class to serve as the Chief Judicial Magistrate in each district (provided the district is not a metropolitan region). A Chief Judicial Magistrate has the authority to inflict sentences, with the exception of death sentences, life sentences, and sentences lasting longer than seven years. The Sessions Judge will have ultimate authority over a Chief Judicial Magistrate, and all other judicial magistrates will report to the Chief Judicial Magistrate, with the Sessions Judge serving as the overall supervisor....

3. 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)...

4. Metropolitan Magistrates

The State Government may designate as many people as it deems appropriate to be Executive Magistrates in each district and metropolitan region, and it will designate one of them to be the District Magistrate. These officials, who are part of the executive branch, collaborate with the police to uphold law and order in the city. A few legal tasks, such as traffic challans and document registration (such as sale deeds, wills, marriage certificates, and birth and death certificates), are also under their purview. They go by the titles of executive magistrate, special executive magistrate, sub-divisional magistrate, and district magistrate (DM)....

5. Executive Magistrates

Section 16 of the Code of Criminal Procedure establishes the Courts of Metropolitan Magistrates. Chief Metropolitan Magistrate’s Court as well as the Additional Chief Metropolitan Magistrates’ Courts are mentioned under Section 17 of the Code of Criminal Procedure. Special Metropolitan Magistrates were also allowed under Section 18 of the Code. Towns with a population of more than a million people may be designated as metropolitan areas. A metropolitan magistrate reports to the Chief Metropolitan Magistrate and is often overseen by the Sessions Judge....

Conclusion

In conclusion, India’s criminal court system comprises various tiers, including Sessions Courts, Courts of Judicial Magistrates, and Metropolitan Magistrates, each with its specific jurisdiction and authority. These courts operate under the Indian Penal Code and the Code of Criminal Procedure, ensuring fair trials and upholding the rights of the accused. The adversarial nature of the system, combined with the burden of proof on the prosecution, ensures a balanced approach to dispensing justice. From investigating and prosecuting offenses to delivering verdicts and sentences, India’s criminal courts play a crucial role in maintaining law and order while safeguarding individual rights....

Criminal Courts-FAQs

Who is the head of the criminal court in a district?...

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