Describe the Constitution and sub-ordination of Criminal Courts. What are the provisions about it in CRPC? 

Question: Describe the Constitution and sub-ordination of Criminal Courts. What are the provisions about it in CRPC?

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Answer

Chapter II (Section 6-25A) of CrPC deals with the Constitution of Criminal Courts and offices. Section 6 of the Code of Criminal Procedure deals with the classification of criminal Courts. According to Section 6, there are 4 kinds of Criminal Courts i.e. Court of Session, Court of Judicial Magistrate, Court of Metropolitan Magistrate, and Executive Magistrate.

1. The Sessions Judge: Section 9 of the CrPC talks about the establishment of the Sessions Court. The State Government establishes the Sessions Court which has to be presided by a Judge appointed by the High Court. The High Court appoints Additional as well as Assistant Sessions Judges. The Court of Sessions ordinarily sits at such places or places as ordered by the High Court. But in any particular case, if the Court of Session is of the opinion that it will have to cater to the convenience of the parties and witnesses, it shall preside its sittings at any other place, after the consent of the prosecution and the accused. According to section 10 of the CrPC, the assistant session judges are sub-ordinate to the sessions judge.
2. The Additional/ Assistant Sessions Judge: These are appointed by the High Court of a particular state. They are responsible for cases relating to murders, theft, dacoity, pick-pocketing, and other such cases in case of the absence of the Sessions Judge.
3. The Judicial Magistrate(Section 11): In every district, which is not a metropolitan area, there shall be as many as Judicial Magistrates of first-class and of second class. The presiding officers shall be appointed by the High Courts. Every Judicial Magistrate shall be subordinate to the Sessions Judge.
4. Chief Judicial Magistrate(Section 12): Except for the Metropolitan area, the Judicial Magistrate of the first class shall be appointed as the Chief Judicial Magistrate. Only the Judicial Magistrate of First Class may be designated as Additional Chief Judicial Magistrate.
5. Courts of Metropolitan Magistrate(Section 16): They are established in Metropolitan areas. The High Courts have the power to appoint the presiding officers. The Metropolitan Magistrate shall be appointed as the Chief Metropolitan Magistrate. The Metropolitan Magistrate shall work under the instructions of the Sessions Judge.
6. Executive Magistrate: According to Section 20 in every district and in every metropolitan area, an Executive Magistrate shall be appointed by the State Government and one of them becomes District Magistrate. All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate.

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