Power of Courts Under BNSS

 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

 Criminal Procedure Code, 1973 (CrPC)

Introduction
 The Judicial system in India is established in such a way that it caters the needs of its
citizens.
 Chapter III of Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) states the provisions
for power of the court.
 We have a complex and lengthy system of courts.
 The court has been created in a way that any person can approach the courts easily.
 Indian has the most efficient judicial system in the world.
 Sections 21 to 29 of BNSS state the provisions for power of courts.

Power of Courts
 Section 21 of BNSS states about the courts by which offences are triable as:
o The offences are triable by -
 The High Court
 The Court of Session
 Any other Court by which such offence is shown in the First Schedule to be triable.
o Offence under Section 64, Section 65, Section 66, Section 67, Section 68, Section 69,
Section 70 or Section 71 of the Bharatiya Nyaya Sanhita, 2023 (BNS) shall be tried as
far as practicable by a Court presided over by a woman.
o When a specific court is specified under any statute then the offences shall be triable
under them.
Sentences by High Court, Sessions Judges and Magistrate:
 Section 22 of the BNSS states the Sentences which High Courts and Sessions Judges
may pass -
o The High Court, Sessions Judge and Additional Sessions Judge have the power to pass
any order as per the law.
o To pass the death sentence Sessions Judge and Additional Sessions Judge have to
take the confirmation from the High Court.
 Section 23 of BNSS states that Sentences which Magistrates may pass
o Court of a Chief Judicial Magistrate
 May pass any sentence authorized by law except a sentence of death or of
imprisonment for life or of imprisonment for a term exceeding seven years.
o Court of a Magistrate of the First Class
 May pass a sentence of imprisonment for a term not exceeding three years, or of fine
not exceeding fifty thousand rupees, or of both, or of community service.
o Court of Magistrate of the Second Class
 May pass a sentence of imprisonment for a term not exceeding one year, or of fine not
exceeding ten thousand rupees, or of both, or of community service.
 For the purpose of this section "Community service" shall mean the work which the
Court may order a convict to perform as a form of punishment that benefits the
community, for which he shall not be entitled to any remuneration.

 Section 24 of the BNSS states the provisions related to Sentence of imprisonment in

default of fine

o Power of Court of Magistrate

 This section empowers that the Court of Magistrate may award such term of
imprisonment in default of payment of fine as is authorized by law.
 It is further provided that:
 It is not in excess of the powers of the Magistrate under Section 23.
 It shall not, where imprisonment has been awarded as part of the substantive sentence,
exceed one-fourth of the term of imprisonment which the Magistrate is competent to
inflict as punishment for the offence otherwise than as imprisonment in default of
payment of the fine.
 The imprisonment awarded under this section may be awarded in addition to the
sentence passed by the magistrate under Section 23.

 Section 25 of the BNSS states that Sentence in cases of conviction of several offences
at one trial.
o Person is Convicted at One Trial of Two or More Offences

 It states that when a person is convicted at one trial of two or more offences, the Court
may, subject to the provisions of section 9 of the BNSS sentence him for such offences,
to the several punishments prescribed therefor which such Court is competent to inflict
 The Court shall, considering the gravity of offences, order such punishments to run
concurrently or consecutively.

o Consecutive Sentences
 In the case of consecutive sentences, it shall not be necessary for the Court by reason
only of the aggregate punishment for the several offences being in excess of the
punishment which it is competent to inflict on conviction of a single offence, to send the
offender for trial before a higher Court
 It is further provided that:
 Sentence not to be longer than 20 years.
 Aggregated punishment shall not be more than twice of the amount of punishment
which the Court is competent to inflict for a single offence.
 Consecutive Sentence to be Deemed as Single Sentence
o For the purpose of appeal, the consecutive sentences passed against him under this
section shall be deemed to be a single sentence.
 Section 26 of the BNSS states that mode of conferring powers
o Power of State Government or High Court
 The High Court or the State Government, as the case may be, may, by order, empower
persons especially by name or in virtue of their offices or classes of officials generally
be their official titles.
 Every such order shall take effect from the date on which it is communicated to the
person so empowered.

 Section 27 of the BNSS states the powers of officers appointed.

o Powers of Officers Appointed
 Whenever any person holding an office in the service of Government who has been
invested by the High Court or the State Government with any powers under this Sanhita
throughout any local area is appointed to an equal or higher office of the same nature,
within a like local area under the same State Government.
 He shall, unless the High Court or the State Government, as the case may be,
otherwise directs, or has otherwise directed, exercise the same powers in the local area
in which he is so appointed.

 Section 28 of the BNSS states the withdrawal of powers.

o Withdrawal of the Powers of the Subordinate Officer
 The power of any subordinate officer may be withdrawn by the High Court or the State
Government.
 Powers conferred by the Chief Judicial Magistrate or District Magistrate may be
withdrawn by them only.

o Section 29 of the BNSS states the powers of judges and magistrates exercisable by
their successors-in office.

o Successor-in-office
 The powers and duties of a Judge or Magistrate may be exercised or performed by his
successor-in-office.
 The Sessions Judge has the power to determine the successor in officer when there is
doubt as to who is the successor in officer.
 When there is a doubt as to who is the successor in officer of any Magistrate, the Chief
Judicial Magistrate, or the District Magistrate shall be determined by them that who shall
be successor in officer.
 Constitution of Criminal Courts Under BNSS
 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

 Criminal Procedure Code, 1973 (CrPC)

Introduction
 The Judicial system in India is established in such a way that it caters the needs of its
citizens.
 We have a complex and lengthy system of courts.
 The court has been created in a way that any person can approach the courts easily.
 Indian has the most efficient judicial system in the world.

Types of Courts in India

 As per Section 6 of Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS) states that
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:
—
o Courts of Session
o Judicial Magistrates of the first class
o Judicial Magistrates of the second class
o Executive Magistrates.

Hierarchy of Courts
 Lower Level

Courts of Judicial Magistrate

 Section 9 provides for Courts of Judicial Magistrates as:
o Clause (1) states that in every district there shall be established as many Courts of
Judicial Magistrates of the first class and of the second class, and at such places, as the
State Government may, after consultation with the High Court, by notification, specify.
o Provided that the State Government may, after consultation with the High Court,
establish, for any local area, one or more Special Courts of Judicial Magistrates of the
 first class or of the second class to try any particular case or particular class of cases,
and where any such Special Court is established, no other Court of Magistrate in the
local area shall have jurisdiction to try any case or class of cases for the trial of which
such Special Court of Judicial Magistrate has been established.
o Clause (2) states that the presiding officers of such Courts shall be appointed by the
High Court.
o Clause (3) states that the High Court may, whenever it appears to it to be expedient or
necessary, confer the powers of a Judicial Magistrate of the first class or of the second
class on any member of the Judicial Service of the State, functioning as a Judge in a
Civil Court.

Chief Judicial Magistrate

 Section 10 of BNSS provides for Chief Judicial Magistrate and Additional Chief
Judicial Magistrate, etc. as:
o Clause (1) states that in every district, the High Court shall appoint a Judicial Magistrate
of the first class to be the Chief Judicial Magistrate.
o Clause (2) states that the High Court may appoint any Judicial Magistrate of the first
class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or
any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other
law for the time being in force as the High Court may direct.
o Clause (3) states that the High Court may designate any Judicial Magistrate of the first
class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the
responsibilities specified in this section as occasion requires.
o Clause (4) states that subject to the general control of the Chief Judicial Magistrate,
every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of
supervision and control over the work of the Judicial Magistrates (other than Additional
Chief Judicial Magistrates) in the sub-division as the High Court may, by general or
special order, specify in this behalf.

Special Judicial Magistrate

 Section 11 of BNSS provides for Special Judicial Magistrates as:
o Clause (1) provides that the High Court may, if requested by the Central or State
Government so to do, confer upon any person who holds or has held any post under the
Government, all or any of the powers conferred or conferrable by or under this Sanhita
on a Judicial Magistrate of the first class or of the second class, in respect to particular
cases or to particular classes of cases, in any local area.
o Provided that no such power shall be conferred on a person unless he possesses such
qualification or experience in relation to legal affairs as the High Court may, by rules,
specify.
o Clause (2) provides that Such Magistrates shall be called Special Judicial Magistrates
and shall be appointed for such term, not exceeding one year at a time, as the High
Court may, by general or special order, direct.

Subordination of Judicial Magistrates

 Section 13 of BNSS provides that Subordination of Judicial Magistrates as:
o Clause (1) states that 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.
o Clause (2) states that the Chief Judicial Magistrate may, from time to time, make rules
or give special orders, consistent with this Sanhita, as to the distribution of business
among the Judicial Magistrates subordinate to him.
Executive Magistrate

Executive Magistrate
 Section 14 of BNSS provides for executive magistrate as:
o Clause (1) states that in every district, the State Government may appoint as many
persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be
the District Magistrate.
o Clause (2) states that The State Government may appoint any Executive Magistrate to
be an Additional District Magistrate, and such Magistrate shall have such of the powers
of a District Magistrate under this Sanhita or under any other law for the time being in
force as may be directed by the State Government.
o Clause (3) states that whenever, in consequence of the office of a District Magistrate
becoming vacant, any officer succeeds temporarily to the executive administration of
the district, such officer shall, pending the orders of the State Government, exercise all
the powers and perform all the duties respectively conferred and imposed by this
Sanhita on the District Magistrate.
o Clause (4) states that the State Government may place an Executive Magistrate in
charge of a sub-division and may relieve him of the charge as occasion requires; and
the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional
Magistrate.
o Clause (5) states that the State Government may, by general or special order and
subject to such control and directions as it may deem fit to impose, delegate its powers
under sub-section (4) to the District Magistrate. Special Judicial Magistrates. Local
jurisdiction of Judicial Magistrates. Subordination of Judicial Magistrates. Executive
Magistrates.
o Clause (6) states that nothing in this section shall preclude the State Government from
conferring, under any law for the time being in force, on a Commissioner of Police all or
any of the powers of an Executive Magistrate.
 Special Executive Magistrates
 Section 15 of BNSS states for Special ExecuExecutive Magistrates as:
o It states that the State Government may appoint, for such term as it may think fit,
Executive Magistrates or any police officer not below the rank of Superintendent of
Police or equivalent, to be known as Special Executive Magistrates
Magistrates,, for particular areas
or for the performance of particular functions and confer on such Special Executive
Magistrates such of the powers as are conferrable under this Sanhita on Executive
Magistrates, as it may deem fit.
Middle Court

Court of Sessions
 Section 8 of the BNSS provides for Court of Sessions as:
o Clause (1) states that the State Government shall establish a Court of Session for every
sessions division.
o Clause (2) states that every Court of Session shall be presided over by a Judge, to be
appointed by the High Court.
 Additional Sessions Judge
o Clause (3) of Section 8 of BNSS states that the High Court may also appoint Additional
Sessions Judges to exercise jurisdiction in a Court of Session. Trial of offences under
Bharatiya Nyaya Sanhita and other laws. Saving. Classes of Criminal Courts. Territorial
divisions. Court of Session.
o Clause (4) states that the Sessions Judge of one sessions division may be appointed by
the High Court to be also an Additional Sessions Judge of another division, and in such
case, he may sit for the disposal of cases at such place or places in the other division
as the High Court may direct.
o Clause (5) states that where the office of the Sessions Judge is vacant, the High Court
may make arrangements for the dispo
disposal
sal of any urgent application which is, or may be,
made or pending before such Court of Session by an Additional Sessions Judge or if
there be no Additional Sessions Judge, by a Chief Judicial Magistrate, in the sessions
division; and every such Judge or M Magistrate
agistrate shall have jurisdiction to deal with any
such application.
o Clause (6) states that The Court of Session shall ordinarily hold its sitting at such place
or places as the High Court may, by notification, specify; but, if, in any particular case,
the
he Court of Session is of opinion that it will tend to the general convenience of the
parties and witnesses to hold its sittings at any other place in the sessions division, it
may, with the consent of the prosecution and the accused, sit at that place for the
disposal of the case or the examination of any witness or witnesses therein.
o Clause (7) states that the Sessions Judge may, from time to time, make orders
consistent with this Sanhita, as to the distribution of business among such Additional
Sessions Judges.
o Clause (8) states that the Sessions Judge may also make provision for the disposal of
any urgent application, in the event of his absence or inability to act, by an Additional
Sessions Judge or if there be no Additional Sessions Judge, by the Ch Chief
ief Judicial
Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction to deal
with any such application.
 The concept of Assistant Sessions Judge has been removed from the provisions of
BNSS which were earlier present under Code of Criminal Procedure, 1973 (CrPC).
Assistant Sessions Judge
 The concept of Assistant Sessions Judge has been removed from the provisions of
BNSS which were earlier present under Code of Criminal Procedure, 1973 (CrPC).

Metropolitan Magistrate
 The concept of Metropolitan Magistrate, earlier present in the CrPC, no longer exists
under the new criminal act of BNSS.
Higher Level

 Article 124 of the Constitution of India, 1950 (COI) states the provisions regarding
establishment of the Supreme Court in India.
 Article 214 of the COI provides that there must be high Court for every state.