Certainly, here’s a table that includes the key criminal courts and offices along with the relevant sections of the Code of Criminal Procedure (CrPC) in India:
| Court/Office | Types/Designations | Jurisdiction/Role | Relevant CrPC Sections |
|---|---|---|---|
| Judicial Magistrates | Chief Judicial Magistrate, Judicial Magistrate First Class (JMFC), Judicial Magistrate Second Class | Handle cases related to bailable and non-bailable offenses, including summary cases. | Section 11 to Section 14 |
| Executive Magistrates | District Magistrates, Sub-Divisional Magistrates, etc. | Responsible for maintaining law and order, issuing prohibitory orders, and granting permissions for public events. | Section 20 to Section 24 |
| Sessions Courts | Sessions Judge, Additional Sessions Judges, Assistant Sessions Judges | Handle serious offenses such as murder, rape, and dacoity. | Section 9 to Section 10 |
| High Courts | High Courts of respective states/union territories | Appellate jurisdiction over lower court decisions, issuance of writs to protect fundamental rights. | Section 9 |
| Supreme Court of India | Supreme Court of India | Highest appellate authority, handling national and constitutional matters. | Section 6 |
| Public Prosecutors | Public Prosecutors and Assistant Public Prosecutors | Represent the state in criminal cases, present the state’s case. | Section 24 to Section 25 |
| Advocates | Legal practitioners | Represent the accused in criminal cases, present the defense. | Section 34 to Section 49 |
| Police | Police departments | Responsible for investigating criminal cases, gathering evidence, and submitting the FIR. | Section 154 to Section 176 |
| Correctional Services | Prisons, correctional homes, related facilities | Custody, care, and rehabilitation of convicted prisoners. | Section 61 to Section 68 |
| Forensic Labs and Experts | Forensic laboratories, expert witnesses | Provide scientific analysis and expert testimony in criminal cases. | Section 293 to Section 295 |
Court of Session, Sessions Judge, Additional Sessions Judge & Assistant Sessions Judge
Certainly, here’s an explanation of the Court of Session and the relevant sections of the Code of Criminal Procedure (CrPC) in India:
Court of Session
- The Court of Session is a specialized criminal court in India that deals with more serious criminal cases. It has the authority to conduct trials for offenses that carry heavier penalties, such as murder, rape, and dacoity.
- The jurisdiction of the Court of Session covers a district or a group of districts, depending on the state’s administrative structure.
Sessions Judge
- A Sessions Judge is a senior judicial officer who presides over the Court of Session. The Sessions Judge is responsible for overseeing criminal trials within their jurisdiction, typically at the district level.
- The Sessions Judge has the authority to conduct trials for serious criminal cases, pass sentences, and ensure the fair administration of justice.
Additional Sessions Judge
- An Additional Sessions Judge is a judge appointed to assist the Sessions Judge in conducting criminal trials. The Sessions Judge may assign specific cases to the Additional Sessions Judge to manage the caseload efficiently.
- They share the responsibility of conducting trials in the Court of Session, handling cases with a focus on expeditious disposal.
Assistant Sessions Judge
- Assistant Sessions Judges are judicial officers who also conduct trials in the Court of Session, though they are lower in rank compared to Sessions Judges and Additional Sessions Judges.
- They assist in the proceedings and help expedite the trial of serious criminal cases, contributing to the efficient functioning of the court.
The relevant sections of the CrPC that pertain to the Court of Session and its functioning include:
- Section 9: Court of Session.
- Section 9A: Special Court.
- Section 10: Subordination of Assistant Sessions Judges to Sessions Judges.
- Section 11: Power to specify areas to be Sessions divisions.
These sections outline the structure and jurisdiction of the Court of Session and the roles of Sessions Judges, Additional Sessions Judges, and Assistant Sessions Judges in the administration of criminal justice.
Public Prosecutors, Assistant Public Prosecutors & Directorate of Prosecution
Public Prosecutors
- Section in CrPC: Section 24 of CrPC.
- Eligibility Criteria: Public Prosecutors must have practiced as advocates for not less than seven years. They should also be members of the Bar Council or should be eligible to be enrolled as advocates under the Advocates Act, 1961.
- Appointment Authority: Public Prosecutors are appointed by the respective state governments for Sessions Courts and by the Central Government for cases in the High Courts and the Supreme Court.
Case Law
One significant case law related to Public Prosecutors is the case of “H.N. Rishbud and Inder Singh v. The State of Delhi” (1955). This case highlighted the importance of the Public Prosecutor’s role in ensuring a fair trial and impartial presentation of the case.
Assistant Public Prosecutors
- Section in CrPC: Section 25 of CrPC.
- Eligibility Criteria: Assistant Public Prosecutors must have practiced as advocates for not less than two years and should be eligible for enrollment as advocates under the Advocates Act, 1961.
- Appointment Authority: The state government appoints Assistant Public Prosecutors for Magistrate’s Courts.
Directorate of Prosecution
- Section in CrPC: The CrPC does not specifically mention the Directorate of Prosecution. The structure and functions of the Directorate of Prosecution are typically defined by state government rules and notifications.
- Eligibility Criteria: The officers heading the Directorate of Prosecution are usually senior government law officers with significant legal experience. The specific eligibility criteria may vary by state.
Appointment Authority
- The Director of Prosecution and other key officers of the Directorate of Prosecution are appointed by the state government.
Hierarchy of Criminal Courts
| Court Level | Court Type | Jurisdiction and Role |
|---|---|---|
| Supreme Court | Supreme Court of India | The highest court in India, dealing with appeals from High Courts and matters of national or constitutional importance. It has the authority to issue writs for the enforcement of fundamental rights. |
| High Courts | High Courts of States and Union Territories | Each state and union territory has its own High Court with appellate jurisdiction over decisions made by lower courts within its jurisdiction. High Courts can also issue writs to protect fundamental rights. |
| Sessions Courts | Sessions Courts | These courts are presided over by Sessions Judges and handle more serious offenses, including trials for major crimes like murder, rape, and dacoity. |
| Magistrates Courts | Magisterial Courts | Judicial Magistrates handle cases related to bailable and non-bailable offenses, including summary cases. Executive Magistrates, such as District Magistrates, handle matters related to law and order, issuing prohibitory orders, and granting permissions for public events. |
