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hierarchy of courts


Hierarchy of courts 

According to Section 6 of BNSS 

Criminal courts in India are judicial bodies responsible for adjudicating cases related to criminal offenses and ensuring justice in accordance with the prevailing legal framework. These courts operate within the structure of the Indian judiciary, which is hierarchical and comprises various levels of courts.

In India, the hierarchy of criminal courts is structured in a tiered system. Each level has its own jurisdiction and authority. The highest court in India is the Supreme Court. Each state has a High Court. Sessions Court, also known as the Court of Session, is a lower court. In metropolitan areas, Judicial Magistrates of First Class are referred to as Metropolitan Magistrates. Here is the hierarchy of criminal courts in India. It starts from the higher courts to the lower courts.

Supreme Court

  • The Supreme Court is the apex judicial body in India and the highest court of appeal.
  • It has the power of judicial review. This allows it to examine the constitutionality of laws and governmental actions.
  • The Supreme Court hears appeals from lower courts and tribunals. Its decisions are binding on all other courts in the country.
  • It also has the authority to issue writs for the enforcement of fundamental rights.

High Court

  • Each state in India has a High Court, which serves as the highest judicial authority within the state.
  • High Courts have original jurisdiction, meaning they can hear cases directly. 
  • They also have appellate jurisdiction over lower courts within their respective states. They hear appeals against the judgments and orders of subordinate courts and tribunals.
  • High Courts also possess the power of judicial review. They can issue writs for the enforcement of fundamental rights within their jurisdiction.

Court of Sessions

  • The Court of Session is set up in every district or group of districts in India.
  • A Sessions Judge presides over it. He has the authority to hear criminal cases, including murder, rape, and dacoity.
  • The Court of Sessions conducts trials for these offenses and delivers judgments accordingly.
  • Appeals against the decisions of the Court of Session can be made to the High Court.

Magistrate Courts

These are the lowest level of criminal courts in India. Judicial Magistrates and Executive Magistrates preside over it. Magistrate Courts are further divided into two types:

Judicial Magistrate of First Class and in Metropolitan Area

  • Judicial Magistrates of the First Class are appointed in every district or group of districts in India.
  • In metropolitan areas, Metropolitan Magistrates exercise similar powers and functions.
  • They have the power to try and dispose of criminal cases that are not exclusively triable by the Court of Session.
  • They conduct trials for less serious offenses. They also have the authority to impose punishments within their prescribed limits.
  • Judicial Magistrates also handle matters that include the following:
  1. bail applications, 
  2. issuance of search warrants, and 
  3. granting remand orders.

Executive Magistrate

  • Executive Magistrates are appointed by the state government under the Code of Criminal Procedure.
  • They exercise administrative and executive functions, which include the following:
  • maintaining law and order, 
  • issuing prohibitory orders, and 
  • granting licenses.
  • Executive Magistrates do not have the power to conduct trials or pass judgments in criminal cases.
  • They can conduct inquiries into certain offenses. They then submit their reports to the appropriate judicial authorities.

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