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BNSS

Bnss ji

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0% found this document useful (0 votes)
27 views

BNSS

Bnss ji

Uploaded by

Eyachmin Ahmed
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Q. Classes of criminal court.

Ans : criminal court deal with who committing a crime the court deciding whether they are
guilty or not if guilty will be punish offenders against criminal law.

Criminal courts are given below :

1 Supreme Court

= The chief justice of India

= Other judges of the supreme court.

 In India there is only one Supreme Court. It is the final court of all civil or criminal cases
are to be appealed.
 It also has the power of judicial review
 Judges appointed by the President of India.

2 High Courts

= Chief justice of the High court.

= Other Judges of the High court.

6. Besides the High Courts and the Courts constituted under any law, other than this
Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—

(i) Courts of Session.


(a) Session judge
(b) Additional session judge
© Assistant session judge.

(ii) Judicial Magistrates of the first class.


(a) The chief judicial Magistrate.
(b) Other first class judicial Magistrate.
© Special judicial Magistrate.

(iii) Judicial Magistrates of the second class.


(a) Other secong class judicial Magistrate.
(b) Special judicial Magistrate

(iv) Executive Magistrates.


(a) Special empowered.
(b) Special executive Magistrate

Court of session:

7. (1) Every State shall be a sessions division.


(2) The State Government may, after consultation with the High Court, alter the limits
or the number of such divisions and districts.
(3) The State Government may, after consultation with the High Court, divide any
district into sub-divisions.

8. (1) The State Government shall establish a Court of Session for every sessions
division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the
High Court.
(3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction
in a Court of Session.
Judicial Magistrate first class and second class :

9. (1) In every district there shall be established as many Courts of Judicial Magistrates
of the first class and second class.
(2) The presiding officers of such Courts shall be appointed by the High Court.

10. (1) In every district, the High Court shall appoint a Judicial Magistrate of the first
class to be the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an
Additional Chief Judicial Magistrate.

11. (1) The High Court may, if requested by the Central or State Government can appoint special
judicial Magistrate.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed
for such term

13. (1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge;
and every other Judicial Magistrate shall, subject to the general control of the Sessions
Judge, be subordinate to the Chief Judicial Magistrate.

Executive Magistrate :

14. (1) In every district, the State Government may appoint Executive Magistrates and shall
appoint one of them to be the District Magistrate.

 The state government can appoint special executive Magistrate for special function.

Q. Process to compel apearance.


Introduction: who violets the panel law or omission is called a crime. Crime is constituted when
there is a guilty mind behind a crime. The basic requirement for the progress of the trial in case of
crime is the appearance. When the court and a police officer in charge required any person or any
document and things for the enquiry or trial of a case there is a process to compel appearance of
such person documents and things before the court of law which are discussed below.

1. Summon

2. Warrant.
(a) Bailable warrant.
(b) Non bailable warrant.

3. Production of things
(a) Summon
(b) Search warrant

Summon :

63. The summon must be in duplicate signed by authorised officer with seal.

64. Every summon shall be served by a police officer and can be served by a government
officer which is appointed by state government as rules.

65. Serving a summon to a company may be effected it to the director, manager, secretary or
other officer on that company.

66. A person to whom summoned is not found on that address then the summon can be served
any adult member of his family residing with him.
68. When a summon served to a person who is in active service in government then the
summon have to be served to the head of the department where he is working. After
serving summon sent to the employee by the department.

69. When a summon need to served outside the local jurisdiction then it will be sent to the
magistrate within those local jurisdiction or is to be there served.

Warrant:

72. 1. Every warrant of arrest issued by a court shall be in writing signed by presiding officer with
seal.

2. Every warrant remain in force until it cacealed by the issuing court or until executed.

74. Warrant of arrest can be issued to be directed one or more police officer. This type of
warrant can be executed all or one of the police officer.

75. The chief judicial Magistrate or magistrate of first class may direct a warrant within his
jurisdiction.

76. A warrant directed to a police officer can be execute other police officer.

77. Who execute the warrant he has the duty to notify and show the warrant to that person who
is arested.

79. a warrant of arrest may be executed at any place in India.

Production of things :

Summon :

94. when court or officer in charge think that any document, electronic communication,
devices are necessary for the purpose of evidence or investigation or the
proceedings then the officer or court issue a summon to a person in which
possession the thing is belive to be. To produce such things.

Search warrant :

96. 1. When the person will not produce the document or other things after issue the
summon then court can issue a search warrant.

2. where the court reason to the purpose of any enquiry trial or other proceeding then
court may issue a search warrant.

3. The search can be executed only those place where it is specified in search warrant.

97. A search warrant can be issued by a district magistrate sub divisional magistrate of judicial
magistrate first class search warrant required for a inquiry of a place which is used for deposit of
stolen property.

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