Unit II.

Organization and functions of criminal court

a) Organizational hierarchy of criminal courts and jurisdictions

Hierarchy of Criminal Courts-

The hierarchy of the Criminal Courts in India is as follows
1. The Supreme Court of India - The Supreme Court Of India, being the apex court of
India, was established under Article 124 of Part V and Chapter IV of the Constitution
of India.
2. The High Courts of India- The high courts are at the second level of the hierarchy.
They are governed by Article 141 of the Constitution Of India and are bound by the
judgement of the Apex Court.
3. Lower Courts of India have been classified as follows.
a.Metropolitan Courts
• Sessions Court
• Chief Metropolitan Magistrate
• First Class Metropolitan Magistrate

B. District Courts
• Sessions Court
• First Class Judicial Magistrate
• Second Class Judicial Magistrate
• Executive Magistrate

In India, the jurisdiction of criminal courts.. is determined by factors such as the

nature of the offense, the territorial location where the offense was committed, and the
severity of the offense. The criminal justice system in India is primarily governed by
the ..Indian Penal Code (IPC).., ..Criminal Procedure Code (CrPC).., and various
special laws.

Types of Criminal Courts in India

There are several levels of criminal courts in India, each with its own jurisdiction:

1. Supreme Court of India

Jurisdiction: The Supreme Court of India has the highest authority in criminal
matters. It has original, appellate, and advisory jurisdiction.
Original jurisdiction: It can directly hear cases involving the violation of
fundamental rights or disputes between states.
Appellate jurisdiction: It hears appeals from lower courts (high courts, district
courts).
Advisory jurisdiction: It can advise the President of India on legal matters.

2. High Courts
Jurisdiction: High Courts are the highest judicial bodies in each state or union
territory. They have the authority to:
. Hear appeals from lower courts in criminal matters.
. Exercise supervisory jurisdiction over the functioning of lower courts.
.Original jurisdiction: In some states, the High Court can hear criminal cases
involving serious offenses.
 . They have the power to issue writs to enforce fundamental rights under Article
226 of the Constitution.

3. Sessions Courts..
Jurisdiction: Sessions Courts have jurisdiction over more serious criminal offenses
(e.g., murder, rape, robbery) and can impose sentences including the death penalty or
life imprisonment.
. They handle trial for serious offenses (cognizable offenses).
. They also hear appeals from Magistrate Courts in criminal cases.
. Sessions Courts are presided over by a Sessions Judge or Additional Sessions
Judge.

4. Magistrate Courts-
Jurisdiction: Magistrate Courts handle less severe offenses and preliminary
proceedings for more serious offenses. They are classified into:
First Class Magistrates: They have the authority to try serious offenses (e.g., theft,
assault) and impose sentences up to 3 years of imprisonment or fine, or both.
Second Class Magistrates: They have limited jurisdiction, generally handling
minor offenses and imposing sentences up to 1 year.
Third Class Magistrates: They deal with petty offenses.

Magistrates are further categorized based on their territorial jurisdiction:

Metropolitan Magistrates: In large urban areas, they have jurisdiction over offenses
committed within the city limits.
Judicial Magistrates: In non-metropolitan areas, they have jurisdiction over offenses
committed within their respective districts.

5.Special Courts-
Jurisdiction:These courts are set up to deal with specific types of crimes or
offenders. They may have jurisdiction over cases related to corruption, terrorism,
money laundering, or other special laws.

Territorial Jurisdiction-
The territorial jurisdiction of criminal courts is generally determined by the location
where the crime was committed. A court has jurisdiction over:
Local offenses: Crimes committed within a specific geographical area (such as a
district, city, or state).
Jurisdiction of Magistrates: A Magistrate can try an offense committed within his
territorial jurisdiction, or the offense can be transferred to another Magistrate with the
agreement of the concerned parties.
Court's territorial jurisdiction: A criminal court generally tries offenses within its
territorial limits, such as a district, state, or city.

Nature of Offenses and Jurisdiction-

The jurisdiction of courts in India is also determined by the nature of the offense:
Cognizable Offenses: Serious offenses where police have the authority to arrest
without a warrant and investigate. These cases are typically triable in Sessions Courts
or Magistrate Courts, depending on the severity of the offense.
Non.Cognizable Offenses: Lesser offenses where the police cannot arrest without a
warrant or investigate without permission from a magistrate. These offenses are
typically triable in Magistrate Courts.

Jurisdiction under BNSS:

The Criminal Procedure Code (BNSS) lays down the procedures for determining
jurisdiction:
Section 197: A criminal court has jurisdiction to try an offense committed within its
local limits.
Section 198: An offense that occurs at multiple places can be tried in any of the places
involved.
Section 199-205: Special rules regarding jurisdiction in cases where offenses are
committed across various territories or states.

Appeals and Transfers-

Appeal: Criminal cases can be appealed to higher courts. For example, an appeal
against the decision of a Magistrate Court can be made to the Sessions Court, and an
appeal from a Sessions Court can be made to the High Court, and then to the Supreme
Court.
Transfer of Cases: Cases can be transferred from one court to another for reasons like
convenience of the parties, fairness, or due to a conflict of interest. Transfers can be
made by higher courts (e.g., the High Court) or by consent of the parties involved.

B) Criminal Trial-

The word "trial" is not defined anywhere in the BNSS, however, it means a
commonly understood stage of trial which begins after framing the charge and ends
with the conviction or acquittal. In simple words, trial can be defined as a formal
examination of evidence by a judge, typically before a jury, in order to decide guilt in
a case of criminal or civil proceedings.

B) Types of Criminal Trial-

In India, criminal trials are categorized based on the seriousness of the offense, the
type of court handling the case, and the procedures involved. The Indian criminal
justice system follows the BNS for substantive law and the BNSS for procedural law.
The types of criminal trials in India can be broadly categorized as follows:

1. Sessions Trial
- Definition: A trial conducted in a Sessions Court, typically for serious offenses
(felonies), which carry a punishment of more than 7 years in prison or the death
penalty.
- Offenses: Crimes like murder, rape, terrorism, kidnapping, and other serious
offenses under the IPC and special laws.
- Procedure: The trial is conducted by a Sessions Judge. If a person is accused of a
serious crime, the case is first examined in the Magistrate's Court to determine
whether a case is made for a Sessions Court trial.
2. Summons Trial
- Definition: This is a simplified trial process for offenses that carry a punishment of
less than two years or for offenses that are not too serious.
- Offenses: Minor offenses like issuing a bad cheque, defamation, or minor traffic
violations.
- Procedure: In a Summons Trial, the accused is summoned to appear before the
Magistrate, and the trial is faster, often involving only a few hearings. It is generally
less formal than a regular trial.

3. Warrant Trial
- Definition: A trial procedure that applies to more serious offenses, where an arrest
warrant is issued against the accused.
- Offenses: Offenses punishable by more than two years of imprisonment-3 years or
those where the accused is not available for arrest.
- Procedure: In this type of trial, the accused is arrested and brought to court. A
formal charge sheet is filed, and the trial proceeds with more detailed investigation
and legal proceedings.

4. Fast-Track Trial
- Definition: A special court or trial process designed to expedite the legal
proceedings of serious criminal offenses, particularly those that involve crimes like
rape, child sexual abuse, terrorism, etc.
- Objective: To provide quicker justice, particularly in cases involving women,
children, or high-profile cases.
- Example: The Nirbhaya case (Delhi gang rape) was fast-tracked through special
courts.

5. Summary Trial
- Definition: A quick and simplified trial process for petty offenses where the
punishment is typically less than two years of imprisonment.
- Procedure: The Magistrate can try the case without a formal investigation. The
trial is concluded in a relatively short period, often in one or two sittings. The accused
may be convicted and sentenced without the need for prolonged proceedings.
- Offenses: Petty crimes like public nuisance, minor theft etc

C) Bail under CrPC:

1. Definition of Bail
Bail is the temporary release of an accused person from police custody, pending trial,
on the condition that they will return for subsequent hearings. It ensures that the
accused is not kept in custody before conviction, while also securing their attendance
in court when required.

2. Objective of Bail
The main objectives of bail are:
- Presumption of Innocence: It upholds the legal principle that an accused person is
presumed innocent until proven guilty.
- Right to Fair Trial: Bail ensures that the accused can consult with lawyers, prepare a
defense, and participate in the trial process.
- Prevention of Unnecessary Detention: Bail prevents pre-trial detention in cases
where the offense is not severe, avoiding overcrowded prisons.
- Protection of Personal Liberty: It ensures the individual’s right to personal liberty as
guaranteed under Article 21 of the Indian Constitution.

3. Types of Bail

a. Regular Bail (Section 437 CrPC)

- Definition: Bail granted by the Magistrate or Sessions Court when the accused is
charged with a non-bailable offense, typically after the police have completed their
investigation.
- Condition: The accused must satisfy the court that they are not a flight risk or likely
to tamper with evidence.

b. Anticipatory Bail (Section 482 BNSS)

- Definition: A pre-arrest bail granted when the accused anticipates arrest for a non-
bailable offense.
- Purpose: It ensures that the person will not be arrested before a formal charge is
made, thus protecting the individual from unjust detention.

c. Bail in Non-Bailable Offenses (Section 480 BNSS)

- Definition: In more serious offenses, bail is not automatically granted, and the court
must assess whether the accused should be allowed bail based on the nature of the
offense and their likelihood to abscond or influence witnesses.
- Procedure: Requires a court hearing, and the burden of proof is on the accused to
convince the court for release.

d. Default Bail (Section 187 BNSS))

- Definition: Bail granted if the police fail to file the charge sheet within the statutory
period (60 or 90 days, depending on the offense).
- Key Feature: The accused has an automatic right to bail once the time limit for filing
the charge sheet has passed, regardless of the crime’s seriousness.

e. Bail for Women (Section 480 BNSS)

- Definition: Women accused of certain offenses may be granted bail more easily, as
courts tend to show leniency in cases involving female offenders.

f. Bail for Juveniles

- Definition: Special provisions exist for minors (under 18 years) accused of crimes.
Juvenile courts focus on rehabilitation rather than punishment, and bail is generally
granted more readily for juveniles.

4. Cancellation of Bail (Section 437(5), 439(2) CrPC)

Cancellation of Bail refers to the revocation of bail by a court when the accused fails
to comply with the conditions of bail or violates the terms set by the court.

Grounds for Cancellation of Bail:

1. Violation of Bail Conditions: If the accused fails to meet conditions like attending
court hearings or reporting to the police station.
2. New Offenses: If the accused commits a new offense while out on bail.
3. Tampering with Evidence or Witnesses: If there’s evidence that the accused is
interfering with the investigation or trying to influence witnesses.
4. Risk of Flight: If there is a significant risk that the accused may flee to avoid trial.

In Indian law, the principle "bail is a right, jail is an exception" is rooted in the
constitutional and legal framework that emphasizes personal liberty and the
presumption of innocence until proven guilty. This principle is reflected in the Code
of Criminal Procedure (CrPC), as well as in the Constitution of India.

Constitutional and Legal Foundation:

1. Article 21 of the Constitution of India:

- Article 21 guarantees the right to life and personal liberty. This right can only be
curtailed in accordance with the procedure established by law. In the context of bail,
this means that a person cannot be detained arbitrarily and has the right to seek release
on bail in appropriate cases.
- The Supreme Court of India has interpreted Article 21 to mean that pretrial
detention should not be the norm and that bail should be the default option, unless
there are exceptional circumstances that warrant detention.

2. The Code of Criminal Procedure (CrPC):

- The CrPC governs the procedure for bail in India. Under the CrPC, bail is
generally available to those who are accused of non-bailable offenses and even for
bailable offenses unless there are specific reasons for denying it.

- Section 437 of the CrPC provides the conditions under which bail may be granted
for non-bailable offenses. In these cases, the accused is presumed to be entitled to bail
unless there are concerns about the risk of fleeing, tampering with evidence, or
influencing witnesses.

- Section 439 allows the High Court or Sessions Court to grant bail for offenses of a
more serious nature, where the Sessions Court or Magistrate may not have had the
jurisdiction to grant bail.

3. Principle of Presumption of Innocence:

- In Indian law, bail is considered a right, and the accused is presumed innocent
until proven guilty. This principle is reflected in Section 436 (bailable offenses) and
Sections 437 and 439 (non-bailable offenses) of the CrPC.
- The Supreme Court of India has consistently held that unless there are reasons to
believe that an accused person is likely to abscond, tamper with evidence, or pose a
danger to witnesses or public safety, they should not be unnecessarily incarcerated
before trial.

4. Exceptions (Jail as an Exception):

- Jail (or pretrial detention) is an exception and is only justified under specific
circumstances, such as:
- Risk of flight: If the accused is likely to abscond or not appear for trial.
 - Tampering with evidence: If the accused poses a risk of influencing or tampering
with evidence.
- Risk to public safety: If the accused is likely to cause harm to public safety or
public order.

- The Indian courts are required to balance the accused's right to personal liberty
with the need to ensure that justice is served. Pretrial detention is considered a last
resort, and courts generally try to avoid it unless the conditions demand it.

5. Judicial Interpretations:
- The Supreme Court of India in several rulings has emphasized the importance of
granting bail as a rule rather than an exception. For example:
- In State of Rajasthan v. Balchand (1977), the Court held that bail is the rule,
and jail is the exception.
- In Babu Singh v. State of U.P. (1978), the Court reiterated that personal liberty is
a constitutional guarantee and that bail should be granted unless there are exceptional
circumstances to justify the denial of bail.

6. Judicial Discretion:
- While the law provides certain guidelines, judges still have significant discretion
when deciding whether to grant or deny bail. Factors such as the nature of the offense,
the severity of punishment, and the accused's criminal history are taken into account.

Conclusion:
In India, bail is generally seen as a right of an accused person, and pretrial detention
(jail) is an exception that should only be used in cases where there is a strong
justification, such as the risk of flight, danger to public safety, or the likelihood of
tampering with evidence. The legal and constitutional framework strongly supports
the idea that personal liberty should not be unnecessarily curtailed before the trial, and
this principle is a cornerstone of the Indian justice system.

Compounding of Offenses under CrPC: Brief Overview

Compounding of offenses is a legal process where the victim and the accused agree to
settle the criminal matter outside the judicial process, often with the permission of the
court. It leads to the withdrawal or quashing of charges and can result in the
termination of the case.

Under S.359 of BNSS, certain criminal offenses can be compounded, i.e., settled
between the parties, either without the court's permission (for less serious offenses) or
with the court’s approval (for more serious offenses).

Key Provisions of Section 359(2) BNSS

1. Compounding with Permission of Court (S.359(2) BNSS):

- Some offenses can only be compounded with the permission of the court, such as:
- Attempt to murder
- Dowry harassment
- Rape in certain cases
2. Offenses that Can Be Compounded Without Court’s Permission (S.359(1) of
BNSS):
- Certain less serious offenses can be compounded without the need for the court's
approval. These are usually non-cognizable offenses and offenses involving minor
injury or harm.
- Examples:
- Voluntary causing hurt
- Criminal intimidation
- Dishonoring a cheque

3. Offenses That Cannot Be Compounded:

- Some serious offenses, particularly those involving public safety or grave harm,
cannot be compounded, such as:
- Murder
- Rape in most cases
- Kidnapping
- Terrorism-related offenses

Process of Compounding

1. Agreement Between Parties: Both the victim and the accused must agree to settle
the matter. The parties can do this voluntarily, without coercion.

2. Filing a Petition: If the offense is one that requires court permission, a petition is
filed before the court seeking approval for compounding.

3. Court’s Approval: The court will assess the case and decide whether the settlement
is fair, voluntary, and does not undermine justice or public interest.

4. Effect of Compounding: If the court grants permission (in required cases), the case
is dismissed, and the accused is discharged from further proceedings.

Benefits of Compounding Offenses

- Faster resolution of cases.
- Reduces court burden, allowing the judicial system to focus on more serious matters.
- Restorative justice, focusing on reconciliation between parties rather than
punishment.
- Cost-effective for both parties and the state.

Plea Bargaining under CrPC: Brief Explanation

Plea bargaining is a process where the accused agrees to plead guilty to a lesser
charge or to the original charge in exchange for a lighter sentence or other
concessions. It is a mechanism designed to expedite the criminal justice process by
allowing cases to be resolved without a trial.
Plea bargaining is introduced in India under S.289-S.300 of BNSS , as amended in
2005 through the Criminal Law (Amendment) Act, 2005.

Key Features of Plea Bargaining under CrPC

1. Applicable to Non-Serious Offenses:

- Plea bargaining is primarily available for non-serious offenses, which are
punishable with a maximum sentence of imprisonment of 7 years or less.
- Serious offenses, such as murder, rape, terrorism-related crimes, and others
involving public interest, are excluded from the scope of plea bargaining.

2. Initiation:
- The process can be initiated by the accused or prosecution, but the final agreement
must be approved by the court.

3. Types of Plea Bargaining:

- Charge Bargaining: The accused agrees to plead guilty to a lesser charge in
exchange for a reduced sentence.
- Sentence Bargaining: The accused agrees to plead guilty to the original charge, but
in return, the prosecution recommends a lighter sentence to the court.

4. Procedure:
- The accused or their lawyer may approach the court to request a plea bargain.
- The court schedules a hearing where the parties can negotiate the terms of the plea
deal.
- Once an agreement is reached, it is presented to the court for approval. The court
examines whether the plea is voluntary, and whether the punishment is just.

5. Court’s Role:
- The court has the power to accept or reject the plea bargain.
- If the court is satisfied with the terms of the agreement, it may convict the accused
and pass a sentence in accordance with the plea deal.

6. Benefits of Plea Bargaining:

- Reduces trial time and helps alleviate backlog in courts.
- The accused gets the benefit of a lighter sentence.
- The prosecution is assured of a conviction without the uncertainty of a full trial.
- The victim's emotional trauma is minimized as they avoid the lengthy trial process.

7. Limitations:
- Plea bargaining is not allowed in serious criminal cases.
- It requires the consent of both parties and the court’s approval.

1. Compensation in Criminal Law

Compensation is a financial remedy provided to the victims of crime to restore the

damage or loss they have suffered due to a criminal act. It is aimed at offering some
relief to the victim, whether in the form of medical expenses, property loss, or mental
distress.
Key Provisions:

- Section 395 of BNSS:

- Compensation from the Convict: The court may order the convicted person to pay
compensation to the victim for the harm caused.
- Court’s Discretion: The amount of compensation depends on the severity of the
crime, the victim's suffering, and the financial capacity of the offender.
- Additional Compensation by State: In cases of serious crimes, the court may also
order the state government to provide compensation, especially if the victim is unable
to recover it from the offender.

- Victim Compensation Scheme (Section 396):

- State Fund: If the offender cannot pay compensation, or if the victim’s injury or
loss is severe, the state government can provide compensation under the Victim
Compensation Scheme. This is typically used in cases of rape, acid attacks, and child
abuse.
- Application: Victims can apply for state compensation through the District Legal
Services Authority (DLSA).

Purpose:
- To provide reparations to the victim.
- To help victims recover from physical, emotional, and financial harm caused by the
crime.

2. Legal Aid under Criminal Law

Legal Aid ensures that individuals, regardless of their financial status, can access
justice and legal representation, particularly in criminal cases. It guarantees that poor
or disadvantaged individuals are not denied justice simply because they cannot afford
a lawyer.

Key Provisions:

- Legal Services Authorities Act, 1987:

- Free Legal Aid: Under this Act, free legal aid is provided to economically weaker
sections, including those who cannot afford legal representation. This is applicable in
criminal trials, bail hearings, and other judicial proceedings.
- Eligibility: Any person whose annual income is below a certain threshold can apply
for legal aid. Additionally, those involved in cases like domestic violence, child
abuse, or rape are automatically eligible for legal aid.

- National Legal Services Authority (NALSA):

- Central Body: NALSA coordinates legal aid services at the national level, and its
state and district units help provide legal assistance, including representation in
courts, to eligible individuals.

- Assistance Provided:
- Lawyer’s Fees: Legal aid includes providing free representation, paying the
lawyer’s fee, and other associated costs.
 - Bail Assistance: In cases where a person is detained and cannot afford a lawyer,
they can seek legal aid to apply for bail.

Purpose:
- To ensure access to justice for all, particularly for the marginalized and
economically disadvantaged.
- To prevent discrimination based on economic or social status in criminal justice
proceedings.

D) Sentencing in Criminal Law in India: A Brief Overview

Sentencing in India refers to the penalty or punishment imposed on a person

convicted of a criminal offense. The primary objective of sentencing is to ensure
justice, deter crime, and reform offenders. The Indian Penal Code (IPC) and the
Criminal Procedure Code (CrPC) lay down the framework for sentencing in India,
and the courts have discretion to choose an appropriate sentence depending on the
nature of the offense, the severity of the crime, and the circumstances of the offender.

Types of Sentences in India(S.4 of BNS)

1. Imprisonment(S.4 of BNS/474 of BNSS)

- Simple Imprisonment: The offender is confined to jail, without any special
conditions or hard labor.
- Rigorous Imprisonment: The offender undergoes imprisonment along with hard
labor, such as manual work.
- Life Imprisonment(s.6 of BNS): The offender is sentenced to prison for life.
Although it typically means imprisonment for life, the convict may be eligible for
parole after a certain period.

2. Death Sentence (Capital Punishment)-(s.393 (5) of BNSS)

- Applicability: The death penalty is reserved for the rarest of rare cases. It is
usually given for heinous crimes like murder, terrorism, or waging war against the
state.
- Legal Provisions: Under Section 302 of IPC, the death penalty may be imposed for
murder in exceptional circumstances, and the Supreme Court has laid down guidelines
in Bachan Singh v. State of Punjab (1980) for when the death sentence should be
awarded.

3. Fines-S.8 of BNS
- Applicability: Fines are often imposed for non-serious crimes or economic
offenses such as theft, fraud, or traffic violations.
- Amount: The amount of the fine depends on the nature of the offense and the
financial capacity of the offender.

4. Probation
- Definition: Probation involves the suspension of a sentence, allowing the offender
to remain in the community under the supervision of a probation officer, rather than
being incarcerated.
- Applicability: It is generally applied to first-time offenders or those convicted of
less serious crimes, particularly where there is a chance of rehabilitation.
5. Community Service(S.23 of BNS)
- Definition: The offender is ordered to perform a certain number of hours of unpaid
work for the community as an alternative to imprisonment.
- Applicability: This is often used for minor offenses or for individuals who can
contribute positively to society.

6. Restitution and Compensation

- Restitution: The offender may be ordered to pay compensation for the damage or
loss caused to the victim, such as in cases of theft or property damage.
- Victim Compensation: Under Section 357A of CrPC, victims of certain crimes
(e.g., acid attacks, rape) may be compensated through state-run Victim Compensation
Schemes.

7. Suspended Sentence
- Definition: The execution of the sentence is suspended for a certain period,
provided the offender complies with specified conditions (such as good behavior).
- Applicability: Typically used for first-time offenders or less serious crimes.