Bharatiya Nagarik Suraksha Sanhita

Criminal Courts (S. 6 to 17)

Adv. Usha Andewar

Administration of justice is the most important function of the state. For this
purpose our constitution has set up a hierarchy of courts. A court is a place
where legal trials take place. It is an institution where several disputes are settled
via the legal process.

A Criminal Court is a court that has the jurisdiction and authority to try and
punish the persons accused of committing a crime as per criminal law.
Generally, the government files a case in Criminal Courts against a person who
has committed any crime. The reason behind this is that whenever a crime is
committed, it is considered an act against a state and not only the victim. It is
the paramount duty of the state to protect its citizens. Therefore, the state
becomes operative when a crime is committed.

According to Section 2(l) of the Bharatiya Nagarik Suraksha Sanhita, 2023, “High
Court” means,

(i) in relation to any State, the High Court for that State;

(ii) in relation to a Union territory to which the jurisdiction of the High Court
for a State has been extended by law, that High Court;

(iii) in relation to any other Union territory, the highest Court of criminal
appeal for that territory other than the Supreme Court of India.

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Section 6

Criminal courts can be categorized or classified, in the hierarchy, as given below:

❖ Supreme Court.
❖ High Court.
❖ Sessions Court (also called Court of Session).
❖ Judicial Magistrates of First Class
❖ Judicial Magistrates of Second Class.
❖ Executive Magistrates

Section 8

Section 7 talks about the territorial division of sessions court.

The Court of Sessions is said to be the highest court of criminal jurisdiction in a

district. It is also known as the court of first instance to try serious criminal

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offences. Serious criminal offences mean offences whose punishment is
imprisonment exceeding seven years including life imprisonment and death
penalty. The Court of Sessions, as established under the Bharatiya Nagarik
Suraksha Sanhita, 2023, stands as a cornerstone in the criminal justice system
of India. The provisions related to the Court of Session are contained
under section 8 of BNSS.

❖ Every state must establish a Court of Session for every Sessions Division.
Every Court of Session shall be presided over by a Judge, to be appointed
by the High Court. The High Court may also appoint Additional Sessions
Judges to exercise jurisdiction in a Court of Session.

❖ 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 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.

❖ 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. 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 Chief Judicial Magistrate, and such Judge or
Magistrate shall be deemed to have jurisdiction to deal with any such
application.

❖ Section 22(2) of BNSS lays down that a Sessions Judge or Additional

Sessions Judge may pass any sentence authorized by law; but any

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 sentence of death passed by any such Judge shall be subject to
confirmation by the High Court.

❖ The procedure of trial before Court of Session is discussed in Chapter XIX

Sections 248 to 260.

Section 9 to 13

The provisions related to the Court of Judicial Magistrate of First Class and
Second Class are contained under section 9 of BNSS.

❖ 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. The presiding officers of such Courts shall be
appointed by the High Court.

❖ The High Court shall appoint a Judicial Magistrate of the first class in
every district, to be the Chief Judicial Magistrate. 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.

❖ 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.

❖ 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

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 class, in respect to particular cases or to particular classes of cases, in any
local area.

❖ 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.

❖ According to Section 23 (1) of BNSS, the Court of a Chief Judicial

Magistrate may pass any sentence authorised by law except a sentence of
death or of imprisonment for life or of imprisonment for a term exceeding
seven years.

❖ According to Section 23 (2) of BNSS, the 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.

❖ According to Section 23 (3) of BNSS, the 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.

❖ “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 14 to 17
As executive magistrates are supposed to execute administrative functions, they
were neither given power to try accused nor pass verdicts. They are mainly
concerned with administrative functions.

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Section 14 of BNSS deals with appointment of Executive Magistrate. The State
Government has the power to appoint as many persons as it thinks fit to be
Executive Magistrates and to appoint one of them as District Magistrate. It may
also appoint anyone of them as Additional District Magistrate who shall have
such of the powers of a District Magistrate under this Code or any other law for
the time being in force as may be directed by the State Government. It could also
place an Executive Magistrate in charge of Sub-Division and relieve him of such
a charge. When a Magistrate is placed in charge of a Sub-Division, he shall be
called the Sub-Divisional Magistrate. The State Government has also the power
to confer on the Commissioner of Police all or any of the powers of an Executive
Magistrate.

All the Executive Magistrates in the District, except the Additional District
Magistrate will be subordinate to the District Magistrate. While exercising the
powers in a Sub-Division they will also be subordinate to Sub-Divisional
Magistrate, subject however, to the general control of the District Magistrate.

The executive magistrates have the power to determine the amount of bail
according to the provisions of the warrant issued against the accused, pass
orders restraining people from committing a particular act or preventing persons
from entering an area, they are the authority to whom people are taken to when
they are arrested outside the local jurisdiction, the executive magistrates are the
only one with the power to disperse a crowd or an unlawful assembly, further,
they are authorized to use force while doing the same according to the gravity
and requirements of the situation. Executive Magistrates are assisted by the
police while executing their functions.

In Mammoo Vs. State, AIR 1980 Ker 18 case, the Court observed that the
functions exercisable by the Executive Magistrate under the Code (Sanhita) are
not necessarily executive. They are invested with judicial functions also.

Section 18 to 20 refers to Prosecutors.

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