Chapter: 1.5 Criminal Courts

As mentioned aloof e, there is a three tier system elf courts. On criminal side the lowest court is that of the Judicial Magistrate. Judicial Magistrates decide criminal cases which care punishable with imprisonment of up to three years. At the middle of the hierarchy there is the Court of the Chief Judicial Magistrate on the Criminal side. The Chief Judicial Magistrate can try cases which are punishable with imprisionment for a term up to seven years. There are many additional courts of Additional Usually there are many additional courts of Additional Chief Judicial Magistrates.

There are two kinds of magistrates, namely Judicial Magistrates (including Metropolitan Magistrates in Metropolitan areas) and Executive Magistrates. Judicial Magistrates can be of two classes, first class and second class.

Executive Magistrates are appointed by the State Government and are usually officers of the Revenue Department such as District Collector, Sub-collector, or a Tehsildar. There duties are of an executive nature. They usually do not grant any punishment.

However, if the area is a metropolitan city, having a population of more than 1 million, there would be a Chief Metropolitan Magistrate of that metropolitan area. A Chief Metropolitan Magistrate has the same powers as that of a Chief Judicial Magistrate. In addition, the High court may appoint an Additional Chief Metropolitan Magistrate, who would have all the powers of the Chief Judicial Magistrate. At the lower level, Metropolitan Magistrates are equivalent to First Class Judicial Magistrates.

At the top level there may be one or more courts of additional district and Sessions judge with the same judicial power as that of the District and Sessions judge.

Special Courts/ Designated Courts

These could be Metropolitan, Judicial or Executive, and are appointed for special purposes, such as to try cases of rioting or of mass tragedies, Corruption, Offences against SC/STs or for any other purpose. These magistrates are appointed because regular magistrates would not be able to cope up with the extra work. Generally the work of these magistrates is time-bound, i.e. they have to complete the enquiry and punishment within a prescribed period.

Designated Courts can be Magistrate Courts as well as Sessions Court. Any such court can be designated to try cases falling under special laws. For e.g. TADA Court, MCOCA