CrPC Section 6: Classes of Criminal Courts in India – Explained

Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:–

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(i) Courts of Session;

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(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

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(iii) Judicial Magistrates of the second class; and

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(iv) Executive Magistrates.

Explanation

Section 6 outlines the different types of criminal courts in India, each with its own jurisdiction and powers. These classes are:

• High Courts: The highest courts in a state or union territory, exercising original, appellate, and supervisory jurisdiction over lower courts.
• Courts of Session: Established under the CrPC, these courts try serious offenses, including those punishable with death or life imprisonment.
• Magistrates’ Courts: Further classified into:
  • Chief Judicial Magistrate (CJM): The most senior magistrate in a district, responsible for overseeing all other magistrate courts.
  • Additional Chief Judicial Magistrate (ACJM): Assists the CJM with various judicial functions.
  • Judicial Magistrate First Class (JMFC): Tries less serious offenses and can issue warrants for arrest.
  • Judicial Magistrate Second Class (JMSC): Handles minor offenses and can issue warrants for arrest in certain cases.
  • Executive Magistrates: Primarily responsible for maintaining law and order and have limited judicial powers.

Illustration

Consider a case where a person is accused of theft. Depending on the severity of the offense, the case could be tried in different courts:

• If the theft is a minor offense, a JMFC or JMSC might handle the case.
• If the theft involves a significant amount of money or other valuables, the case might be tried in a Court of Session.
• If the person appeals against the verdict of a lower court, the case might be heard by the High Court.

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