Exploring the Hierarchy and Roles within India’s Judicial System

If you’ve ever wondered why some criminal cases are heard by a magistrate while others go to a sessions court – or why the Supreme Court doesn’t try every offence directly – the answer lies in the carefully structured hierarchy of India’s criminal courts. This hierarchy, originally established under the Code of Criminal Procedure, 1973 (CrPC) and now carried forward under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), creates a tiered system where each court handles offences proportionate to their severity. Understanding this structure is fundamental to comprehending how criminal justice actually works in India.

Why a hierarchy of courts at all? 🔗

A single court system handling every offence – from petty theft to murder – would be unworkable in a country of India’s size and population. The hierarchical model solves this by distributing cases across courts based on the gravity of the offence and the punishment involved. As the framework under CrPC recognises, the entire territory of India is divided into states, districts, and sessions divisions, and the criminal courts are mapped onto these territorial divisions. This ensures that even someone in a remote district can access justice locally, without needing to travel to a state capital or the national capital.

The hierarchy also creates a built-in appellate structure. If a person is aggrieved by the decision of a lower court, they can appeal to the higher court. This layered accountability – from the magistrate’s court all the way up to the Supreme Court – is what gives the system its credibility and checks against judicial error.

The structure at a glance 🔗

Section 6 of the CrPC (now mirrored in Section 6 of the BNSS) lays down four main classes of criminal courts in every state, operating below the High Courts: the Court of Sessions, Judicial Magistrates of the First Class, Judicial Magistrates of the Second Class, and Executive Magistrates. Above these sit the High Courts and, at the apex, the Supreme Court of India. Each level has a defined jurisdiction – both territorial (where) and subject-matter (what kind of offence).

The Supreme Court and High Courts: constitutional courts 🔗

The Supreme Court of India, established under Article 124 of the Constitution, is the apex judicial authority. It does not ordinarily conduct criminal trials at first instance, but it exercises appellate jurisdiction over High Courts and can hear cases of national constitutional importance. In criminal matters, its role is primarily to correct errors of law, lay down binding precedents, and protect fundamental rights.

Each state has a High Court, mandated under Article 214 of the Constitution. The High Court exercises supervisory authority over all subordinate courts within the state and handles appeals, revisions, and writ petitions. It can also try certain cases directly – particularly those involving contempt of court. Critically, any death sentence passed by a Sessions Court requires confirmation by the High Court before it can be executed, making the High Court an essential safeguard in the most serious criminal matters.

Court of sessions: the highest criminal trial court at the district level 🔗

Below the High Court, the Court of Sessions is the most senior criminal court for trial purposes. Under Section 6 of the BNSS, every sessions division has one Court of Sessions, presided over by a Sessions Judge appointed by the High Court. The state government establishes the court, but the appointment of the judge and the oversight of its functioning vest in the High Court – a deliberate design to insulate the judiciary from executive pressure.

The Sessions Court handles the most serious offences: murder, rape, dacoity, and other crimes where the prescribed punishment is death, life imprisonment, or imprisonment exceeding seven years. It also has appellate jurisdiction over decisions of Magistrates. A Sessions Judge or Additional Sessions Judge can pass any sentence authorised by law, but a sentence of death must be confirmed by the High Court under the relevant provisions of the BNSS. The BNSS has also removed the position of Assistant Sessions Judge that existed under the old CrPC, streamlining the court at this tier.

How cases reach the Sessions Court 🔗

A case does not typically begin in the Sessions Court. For serious offences that are exclusively triable by this court, the process starts at the magistrate level. The Magistrate receives the police charge sheet, examines whether a prima facie case exists, and then commits the case to the Sessions Court for trial. The Supreme Court in Balveer Singh v. State of Rajasthan made clear that the Magistrate is not merely a post office at this stage – the Magistrate must actively apply judicial mind before committing the case.

Judicial magistrates: the workhorses of criminal justice 🔗

The vast majority of criminal cases in India are handled by Judicial Magistrates. These courts are established in every district (outside metropolitan areas) and are divided into two classes.

Judicial Magistrate of the First Class (JMFC) 🔗

The Judicial Magistrate of the First Class handles offences of intermediate severity – crimes punishable with up to seven years of imprisonment, such as theft, assault, and criminal breach of trust. Under the BNSS, the sentencing power of a JMFC has been enhanced: a JMFC can now impose fines up to ₹50,000 (raised from ₹10,000 under the CrPC) and sentences of up to three years. The BNSS has also introduced the power to sentence offenders to community service – a notable modernisation of Indian criminal law.

Each district has a Chief Judicial Magistrate (CJM), who is a First Class Magistrate designated to supervise all Judicial Magistrates in the district. The CJM can try cases involving imprisonment up to seven years and has enhanced administrative authority over the district’s magistracy. An Additional Chief Judicial Magistrate may also be appointed to assist the CJM.

Judicial Magistrate of the Second Class (JMSC) 🔗

The Judicial Magistrate of the Second Class handles the least serious criminal matters. Their sentencing power is limited: imprisonment up to one year and fines up to ₹10,000 under the BNSS (raised from ₹5,000 under the CrPC). These courts act as the most accessible entry point into the criminal justice system for minor offences, and their proximity to the local level is key to ensuring ordinary citizens can seek redress without navigating a complex judicial infrastructure.

Special Judicial Magistrates 🔗

The High Court can also designate qualified persons – typically those who hold or have held a government post – as Special Judicial Magistrates for specific terms, usually not exceeding one year. These are appointed to handle particular categories of cases, offering flexibility to deal with local or specialised criminal matters where the regular magistracy may be stretched thin.

The end of metropolitan magistrates 🔗

Under the old CrPC, cities with a population exceeding one million were designated as metropolitan areas and had their own court structure: Metropolitan Magistrates (equivalent to First Class Magistrates) and a Chief Metropolitan Magistrate. This created a dual system where urban courts operated under a separate classification from district courts elsewhere.

The BNSS has abolished the Metropolitan Magistrate concept entirely. The distinction between metropolitan and non-metropolitan areas no longer exists in the court hierarchy. Whether a case arises in Mumbai or a small district town, the courts are now uniformly classified as Judicial Magistrates of the First or Second Class. This is a significant simplification – it removes the complexity of a parallel system and makes the hierarchy uniform across rural and urban India.

Executive magistrates: administration meets quasi-judicial power 🔗

Executive Magistrates occupy a unique position in the hierarchy. Unlike Judicial Magistrates, who are appointed by and answerable to the High Court, Executive Magistrates are appointed by the State Government under Section 14 of the BNSS. They belong to the executive branch of government – in practice, these are typically revenue and district administration officers such as the District Collector (who acts as District Magistrate), Sub-Divisional Magistrates (SDMs), and Tahsildars.

Their function is primarily preventive, not punitive. They do not conduct criminal trials or pass sentences for crimes. Instead, they maintain law and order, prevent public nuisances, conduct inquiries into custodial deaths, and exercise quasi-judicial powers – such as issuing orders under Section 144 (or its BNSS equivalent Section 189) to prevent unlawful assemblies or potential violence. The District Magistrate is the highest Executive Magistrate in a district, and all other Executive Magistrates (except the Additional District Magistrate) are subordinate to the DM.

Special Executive Magistrates 🔗

Under Section 15 of the BNSS, the State Government can also appoint Special Executive Magistrates for a fixed period, to handle particular functions or specific areas. Notably, this provision allows even a police officer of the rank of Superintendent of Police or above to be designated as a Special Executive Magistrate – a reflection of ground-level law enforcement realities in India.

The separation between Executive and Judicial Magistrates is not merely administrative. Section 3 of the BNSS reserves all functions involving appreciation of evidence, determination of guilt, and ordering detention in custody exclusively for Judicial Magistrates. Executive Magistrates cannot order the remand of an accused – that power belongs to the judiciary alone. This separation upholds the constitutional principle under Article 50 of keeping the judiciary independent from the executive.

How the hierarchy functions as a system 🔗

The hierarchy works because each level has a defined role, with oversight flowing upward. A Judicial Magistrate’s decision can be appealed before the Sessions Court. The Sessions Court’s decision can be challenged before the High Court. The High Court’s decision is subject to appeal in the Supreme Court. At each stage, the higher court can examine errors of fact and law, ensuring that no wrongful conviction or acquittal goes unchecked.

The nature of the offence determines which court handles it at first instance. Serious offences involving severe punishment go directly to – or are committed to – the Sessions Court. Intermediate offences are tried by First Class Magistrates. Minor offences are handled by Second Class Magistrates. Applications for maintaining public peace go before Executive Magistrates. This division of labour is what makes a court system serving over a billion people function with any degree of order and accessibility.

The shift from the CrPC to the BNSS has refined but not fundamentally altered this architecture. The abolition of the Assistant Sessions Judge and Metropolitan Magistrate, along with enhanced fine powers for Magistrates and the introduction of community service as a sentence, reflect the legislature’s intent to modernise the system without dismantling its proven foundations.

What do you think? With the BNSS abolishing the distinction between metropolitan and non-metropolitan courts, do you think a uniform court structure will truly deliver equal justice in cities and rural districts that face very different volumes and types of crime? And given that Executive Magistrates are appointed by and answerable to the state government, are there adequate structural safeguards to prevent executive overreach in their quasi-judicial functions?

References

1. https://www.indiacode.nic.in/bitstream/123456789/20340/1/bnss,_2023.pdf
2. https://blog.ipleaders.in/criminal-courts/
3. https://capitalvakalat.com/blog/section-6-crpc/
4. https://lawbhoomi.com/constitution-of-criminal-courts-and-their-powers/
5. https://lexibal.com/bnss-section-6-classes-of-criminal-courts-hierarchy/
6. https://www.drishtijudiciary.com/to-the-point/bharatiya-nagarik-suraksha-sanhita-&-code-of-criminal-procedure/constitution-of-criminal-courts-under-bnss
7. https://cdnbbsr.s3waas.gov.in/s3ec03333cb763facc6ce398ff83845f22/uploads/2025/10/2025100720.pdf
8. https://thelegalquotient.com/criminal-laws/bharatiya-nagarik-suraksha-sanhita/executive-magistrate-under-bnss/3801/
9. https://lawctopus.com/clatalogue/clat-ug/hierarchy-of-courts-in-india/
10. https://lexibal.com/construction-of-references-section-3/