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Classes of Criminal Courts

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Ikram khan
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9 views

Classes of Criminal Courts

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Ikram khan
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NAME: IKRAMULLAH KHAN (BL-1246)

SECTION (C) 7TH SEMESTER


SUBJECT: CRPC – I PAKISTAN
TEACHER: SIR ABDUL GHAFFAR KORAI

JUDICIAL SYSTEM OF PAKISTAN


The Law of Pakistan is based on the legal system of Islamic Republic of Pakistan.
The Judiciary of Pakistan is a hierarchical system with two classes of courts: the
superior judiciary and the subordinate judiciary. The superior judiciary is
composed of the Supreme Court of Pakistan, the Federal Sharia Court and five
High Courts, with the Supreme Court at the apex and the sub-ordinate courts are
court of sessions and the court of magistrates.
Classes of Criminal Courts
6. Classes of Criminal Courts and Magistrates:
(1) Besides the High Courts and the Courts constituted under any law other than
this Code for the time being in force, there shall be two classes of Criminal Courts
in Pakistan, namely: -
(I) Courts of Session; (ii) Courts of Magistrate.
[(2) There shall be the following classes of Magistrate, namely: - (I) Magistrate of
the First Class; (ii) Magistrate of the Second Class; and (iii) Magistrate of the
Third Class.
District and session courts
District and session courts exist in every district of each province, and have civil
and criminal jurisdiction. Each Town and city now has a court of Additional
District & Sessions judge, which possess the equal authority over, under its
jurisdiction. When hearing criminal cases, it is called the Sessions Court, and when
it hears civil cases, the District Court. Executive matters are brought before the
relevant District & Sessions Judge.
Under section 9 of crpc, the provincial government shall establish court of sessions
for every division and appoint a judge of such court, and may also appoint
additional sessions judges and assistant sessions judges to exercise jurisdiction in
one or more such courts.
A session judge and additional sessions judges may pass any sentence authorized
by law subject to that condition that a sentence of death passed by any judge is
subject to the confirmation by the high court. The session judge enjoys both
judicial and administrative powers.

The courts of magistrates


The magistrate is appointed by the provincial government into the courts of
magistrates. The courts of magistrates deal with the cases of decoity and may pass
different punishments also the statement given before the magistrate is admissible
into the court.
Classes of magistrates
Under section 32 of crpc, the courts of magistrate may pass the following
sentences which are mentioned below.
Courts of magistrates of first class – imprisonment for a term not exceeding 3
years including such solitary confinement as is authorized by law, fine not
exceeding Rs 45000 rupees; arsh, daman, whipping.
Courts of magistrates of second class – imprisonment for a term not exceeding
one year, including such solitary confinement as is authorized by law, fine not
exceeding Rs 15000 rupees.
Courts of magistrates of third class - imprisonment for a term not exceeding
One month, fine not exceeding Rs 3000 rupees.
JUSTICE OF PEACE
Justice of peace is dealt in Section 22, 22A, 22B Crpc (code of criminal
Procedure). He is appointed by the provincial government through the notification
in official gazette.
Powers and function of justice of peace
Arrest
Justice of peace possesses those powers, which police officer possesses to make
arrest without warrant, and which officer in charge of police station possesses to
arrest of vagabonds, habitual robbers, etc.
Directions for Police Authorities
Justice of peace possesses powers to issue directions to police authorities about
registration of case, Transfer of investigation, commission of neglect, failure and
excess.
Prevention of Crime and Prevention of Breach of peace or Disturbance of
Public Tranquility
Justice of Peace possesses powers to demand such aid in prevention of crime in
general and in prevention of breach of peace or disturbance of public tranquility in
particular.
Inquiries
When information of occurrence of any incident is received and breach of peace is
involved in such incident or when information of commission of any offence
within local area of justice of peace is received, Justice of peace is to make
inquiries into the matter and give written report of result of his inquiries to nearest
magistrate and to officer in charge of nearest police station.
Recording of Statement
Justice of peace is to record any statement, which is made by that person, who is
under expectation of death and in respect of whom it is believed that some crime
has been committed.

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