Explain the various types of Criminal Courts under the Criminal Procedure Code, 1973 and their powers in brief.
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2019
Explain the various types of Criminal Courts under the Criminal Procedure Code, 1973 and their powers in brief.
Answer & Explanation:
According to Section 6 of The Code of Criminal Procedure, 1973, besides the High Courts and the Courts constituted under any law, other than CrPC, there shall be, in every State, the following classes of Criminal Courts, namely:-- Courts of Session; Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates; Judicial Magistrates of the second class; and Executive Magistrates. Courts of Magistrates are the basic Courts for conducting trial of criminal offences. In metropolitan cities such as Mumbai, Kolkata and Chennai, respectively the capitals of the States of Maharashtra, West Bengal and Tamil Nadu, have special category of Magistrates called Presidency Magistrates / Chief Metropolitan Magistrates. As per section 28 and 29 of Criminal Procedure code, 1973, following are the criminal court and their powers: Types of court Power High Court To award any sentence as authorised by a substantive law Sessions Judge / Additional Sessions Judge To award any sentence authorised by a substantive law. Sentence of death should be subject to confirmation by High Court. Assistant Sessions Judge To award imprisonment up to 10 years and / or fine. For fine, no upper limit has been prescribed Chief Judicial/Chief Metropolitan Magistrate To award imprisonment up to 7 years and / or fine. For fine, no upper limit has been prescribed Judicial Magistrates of Class 1 / Metropolitan Magistrates / Sub-divisional Judicial Magistrates To award imprisonment up to 3 years or fine up to ₹ 10,000/- or both Judicial Magistrates of Class II To award imprisonment for a term not exceeding one year, or of fine not exceeding ₹ 5,000 rupees, or of both
Topics: Criminal Procedure Code (CrPC)
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