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

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

1. The Code

Section 6 of the Code of Criminal Procedure, 1973 (CrPC) deals with the classification of criminal courts in India.

2. 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.

3. 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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4. Common Questions and Answers

Q: What are the differences between a Court of Session and a Magistrate’s Court?

A: A Court of Session is a higher court with more extensive powers, trying serious offenses. Magistrate’s Courts handle less serious offenses and have more limited jurisdiction.

Q: What is the role of an Executive Magistrate?

A: Executive Magistrates primarily maintain law and order, with limited judicial powers. They can issue warrants for arrest in certain situations and investigate minor offenses.

Q: Can a case be transferred from one court to another?

A: Yes, the CrPC provides provisions for transferring cases between courts based on factors like the nature of the offense, the location of the crime, and the convenience of the parties involved.

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