Understanding the Hierarchy of Criminal Courts in India

When a crime is committed in India, it does not simply land in a single court and get resolved. It travels through a carefully structured system – a hierarchy of criminal courts – where each level has a defined role, specific jurisdiction, and distinct sentencing powers. Understanding this structure is fundamental to grasping how criminal justice actually works in India. With the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replacing the older Code of Criminal Procedure, 1973 (CrPC), this hierarchy has been modernised – with some notable changes that every law student must know.

The framework: how criminal courts are classified 🔗

Section 6 of the BNSS lays down the classification of criminal courts in every state. Apart from the High Courts and courts constituted under other laws, the following classes of criminal courts exist in each state:

• Courts of Session
• Judicial Magistrates of the First Class
• Judicial Magistrates of the Second Class
• Executive Magistrates

This list forms the backbone of the state-level criminal justice system. Sitting above all of these, though not listed under Section 6, are the High Court and the Supreme Court – both of which occupy a unique constitutional position in the criminal justice hierarchy.

One significant change introduced by the BNSS is the abolition of the Metropolitan Magistrate category, which existed under the CrPC for cities with a population exceeding one million. The BNSS removes this classification entirely, streamlining the magistracy into a uniform system across urban and rural areas alike. The position of Assistant Sessions Judge has also been removed under the BNSS, further simplifying the top tier of the district-level criminal court structure.

The Court of Session: the apex of district-level criminal courts 🔗

The Court of Session is the highest criminal court at the district level. Under Section 8 of the BNSS, the State Government establishes a Court of Session for every sessions division, and the presiding Sessions Judge is appointed by the High Court. Additional Sessions Judges may also be appointed to manage caseload, and a Sessions Judge from one division may be assigned as an Additional Sessions Judge in another.

This court handles the most serious offences – murder, rape, dacoity – that are exclusively triable at this level. In terms of sentencing power, a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law, including the death penalty. However, any death sentence passed by a Sessions Court is subject to confirmation by the High Court before it can be carried out.

If the post of Sessions Judge falls vacant and an urgent application needs to be addressed, the High Court can direct an Additional Sessions Judge, or in their absence, the Chief Judicial Magistrate, to handle the matter.

Judicial Magistrates: the workhorses of the criminal courts 🔗

The bulk of criminal cases in India are handled at the magistrate level. Under Section 9 of the BNSS, the State Government, in consultation with the High Court, establishes as many Courts of Judicial Magistrates of the First and Second Class in each district as needed. The presiding officers of these courts are appointed by the High Court.

Chief Judicial Magistrate (CJM) 🔗

In every district, the High Court appoints a Judicial Magistrate of the First Class to serve as the Chief Judicial Magistrate. The CJM exercises general supervisory control over all Judicial Magistrates in the district (other than Additional Chief Judicial Magistrates). The High Court may also appoint an Additional Chief Judicial Magistrate with equivalent powers whenever the workload demands it.

In terms of sentencing, the CJM’s court may pass any sentence authorised by law – except a sentence of death, imprisonment for life, or imprisonment exceeding seven years.

Judicial Magistrate of the First Class (JMFC) 🔗

The JMFC handles offences that are not exclusively triable by the Court of Session. The BNSS has notably enhanced the powers of the JMFC compared to the CrPC. Under Section 23 of the BNSS, a JMFC can now impose a sentence of imprisonment of up to three years and a fine of up to ₹50,000 – an increase from ₹10,000 under the old CrPC. A significant modern addition is the power to sentence offenders to community service, reflecting a more rehabilitative approach to criminal justice.

Judicial Magistrate of the Second Class (JMSC) 🔗

The Second Class Magistrate handles less severe offences and carries more limited sentencing powers. These courts can impose imprisonment of up to one year and a fine of up to ₹10,000 – also an increase from the ₹5,000 limit under the CrPC.

Special Judicial Magistrates 🔗

Under Section 11 of the BNSS, the High Court – if requested by the Central or State Government – may confer powers equivalent to a First or Second Class Judicial Magistrate upon a person who holds or has held a government post. These are called Special Judicial Magistrates, appointed for particular cases or categories of cases in specific local areas. Importantly, such appointments require that the person possess relevant qualifications or experience in legal affairs.

The role of Executive Magistrates 🔗

Executive Magistrates form a separate wing of the magistracy and should not be confused with Judicial Magistrates. Their function is administrative rather than adjudicatory – they are concerned with public order, peace, and law enforcement, not with trying criminal cases. The District Magistrate (DM) and Sub-Divisional Magistrate (SDM) fall under this category. Their powers are drawn from Sections 22 to 25 of the BNSS.

The High Court: supervisory authority and criminal jurisdiction 🔗

While the High Court is not listed under Section 6’s classification of criminal courts, it is an indispensable part of the hierarchy. Each state has its own High Court, which serves as the final court of criminal appeal within that state and exercises extraordinary constitutional jurisdiction under Articles 226 and 227 of the Constitution.

Under Article 226, the High Court can issue writs – including habeas corpus, mandamus, certiorari, prohibition, and quo warranto – not only for enforcing fundamental rights but for any other legal purpose. Under Article 227, it has superintendence over all courts and tribunals within its territorial jurisdiction, meaning it can review the regularity of proceedings before subordinate criminal courts.

The High Court also plays a structural role in the criminal justice system: it appoints Sessions Judges, Chief Judicial Magistrates, and other judicial officers. It can pass any sentence authorised by law, and a criminal appeal lies to the Supreme Court from the High Court in certain specified circumstances.

The Supreme Court: the apex of the entire system 🔗

The Supreme Court of India sits at the very top of the criminal justice hierarchy, though it functions primarily as a court of appeal and constitutional guardian rather than a court of first instance. Under Article 134 of the Constitution, a criminal appeal lies to the Supreme Court as a matter of right if the High Court has reversed an acquittal and sentenced the accused to death, life imprisonment, or at least ten years of imprisonment, or if the High Court certifies the case as fit for appeal.

Beyond this, Article 136 gives the Supreme Court the discretionary power to grant special leave to appeal from any judgment or order of any court or tribunal in India (except military tribunals). This is not a matter of right but a constitutional privilege exercised sparingly – typically reserved for cases involving substantial questions of law, grave injustice, or matters of significant public importance.

The Supreme Court can pass any lawful sentence and its decisions are binding on all courts across India, giving it the final word on both law and procedure in criminal matters.

How the hierarchy works in practice 🔗

The BNSS’s First Schedule specifies which court is empowered to try which offence. Serious crimes – carrying punishment of more than seven years or the death penalty – must be committed (sent) to the Court of Session by the committing magistrate. Standard offences are usually tried at the Judicial Magistrate First Class level. Matters relating to public peace and order go before Executive Magistrates.

Importantly, the BNSS has introduced strict procedural timelines to address delays: judgments must be delivered within 30 days of the completion of arguments (extendable to 45 days), charges must be framed by a Sessions Court within 60 days of the first hearing, and victims must be informed of the progress of investigation within 90 days. These timelines represent a significant departure from the earlier system’s open-ended procedures.

The appeal mechanism flows upward through the hierarchy – from the Magistrate’s court to the Sessions Court, then to the High Court, and finally to the Supreme Court – ensuring that an aggrieved party always has a forum to seek redress at a higher level if the lower court’s decision is unsatisfactory.

Key changes under BNSS compared to CrPC 🔗

For law students comparing the old and new frameworks, the most important structural changes introduced by the BNSS are: the abolition of Metropolitan Magistrates (removing the separate urban court category), the removal of the Assistant Sessions Judge position, enhanced sentencing powers for Judicial Magistrates, the addition of community service as a sentencing option, and the introduction of strict procedural timelines. Together, these changes aim to make the system more uniform, modern, and efficient.

What do you think? Given that the BNSS has abolished the Metropolitan Magistrate category and merged urban and rural court structures, do you think this change will improve access to justice in large cities, or does it risk overburdening the remaining magistrates? And with community service now available as a sentencing option for First Class Magistrates, how might Indian courts practically implement and monitor such sentences?

References

1. https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-second-sanhita-2023
2. https://lexibal.com/bnss-section-6-classes-of-criminal-courts-hierarchy/
3. https://www.drishtijudiciary.com/to-the-point/bharatiya-nagarik-suraksha-sanhita-&-code-of-criminal-procedure/constitution-of-criminal-courts-under-bnss
4. https://lawbhoomi.com/constitution-of-criminal-courts-and-their-powers/
5. https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1135&context=ijli
6. https://www.sci.gov.in/jurisdiction/