Constitution of Criminal Courts in India (under BNSS)

हिन्दी में पढ़ें:

Sections 6 – 17 of Chapter 2 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 deals with the constitution of criminal courts in India and contains all the important provisions such as classes of criminal courts and their territorial divisions, sessions courts, courts of judicial magistrates such as Chief Judicial Magistrate, Additional Chief Judicial Magistrate, Special Judicial Magistrate, etc., executive magistrates and special executive magistrates, local jurisdiction of judicial magistrates and executive magistrates, subordination of judicial magistrates and executive magistrates, etc.

Sections 6 – 17 of Chapter 2 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: –

• Section – 6. Classes of Criminal Courts.
• Section – 7. Territorial divisions.
• Section – 8. Court of Session.
• Section – 9. Courts of Judicial Magistrates.
• Section – 10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
• Section – 11. Special Judicial Magistrates.
• Section – 12. Local Jurisdiction of Judicial Magistrates.
• Section – 13. Subordination of Judicial Magistrates.
• Section – 14. Executive Magistrates.
• Section – 15. Special Executive Magistrates.
• Section – 16. Local Jurisdiction of Executive.
• Section – 17. Subordination of Executive Magistrates.

Constitution of Criminal Courts in India

Following are the constitution of criminal courts in India as stated in Section 6 – 17 of Chapter 2 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:

Classes of Criminal Courts

Section 6 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 describes the classes of criminal courts, and under it,

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

1. Courts of Session
2. Judicial Magistrates of the first class
3. Judicial Magistrates of the second class
4. Executive Magistrates

Territorial Division

Section 7 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 describes the territorial division, and under it,

1. Every State shall be a sessions division or shall consist of sessions divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of districts.
2. The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.
3. The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.
4. The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Sanhita, shall be deemed to have been formed under this section.

Constitution of Court of Session

Section 8 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 describes the constitution of Sessions Court and under it,

1. The State Government shall establish a Court of Session for every sessions division.
2. Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
3. The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session.
4. The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.
5. Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional Sessions Judge or if there be no Additional Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.
6. 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.
7. 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.
8. 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.

Explanation. —For the purposes of this Sanhita, “appointment” does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by the Government.

Constitution of Courts of Judicial Magistrates

Section 9 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 describes the constitution of Courts of Judicial Magistrates and under it,

• (1) 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:

Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.

• (2) The presiding officers of such Courts shall be appointed by the High Court.
• (3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.

Chief Judicial Magistrate and Additional Chief Judicial Magistrate

Section 10 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 describes the Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc., and under it,

1. In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
2. 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.
3. 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.
4. Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.

Special Judicial Magistrates

Section 11 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 describes the Special Judicial Magistrates, and under it,

• (1) 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 class, in respect to particular cases or to particular classes of cases, in any local area:

Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

• (2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

Local Jurisdiction of Judicial Magistrates

Section 12 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 describes the local jurisdiction of Judicial Magistrates, and under it,

• (1) Subject to the control of the High Court, the Chief judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which they may respectively be invested under this Sanhita:

Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.

• (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
• (3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an area beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district.

Subordination of Judicial Magistrates

Section 13 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 describes the subordination of Judicial Magistrates, and under it,

1. 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.
2. The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him.

Executive Magistrates

Section 14 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 describes the Executive Magistrates, and under it,

1. In every district, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.
2. The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Sanhita or under any other law for the time being in force as may be directed by the State Government.
3. Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Sanhita on the District Magistrate.
4. The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate.
5. The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.
6. Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate.

Special Executive Magistrates

Section 15 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 describes the Special Executive Magistrates, and under it,

The State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Sanhita on Executive Magistrates, as it may deem fit.

Local jurisdiction of Executive Magistrates

Section 16 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 describes the local jurisdiction of Executive Magistrates, and under it,

1. Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Sanhita.
2. Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

Subordination of Executive Magistrates

Section 17 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 describes the subordination of Executive Magistrates, and under it,

1. All Executive Magistrates shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, to the general control of the District Magistrate.
2. The District Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate to him.

Read Also:

• Power of criminal courts in India under BNSS
• Crime: Elements and Stages of a Crime.
• Bail and its types under BNSS

QNA/FAQ

Source:

• The Bharatiya Nagarik Suraksha Sanhita, 2023
• https://www.indiacode.nic.in/handle/123456789/20099