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BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS), 2023
PART 2 – Criminal Courts under BNSS, Powers, Jurisdiction & Important Provisions
CHAPTER 1: CRIMINAL COURTS UNDER BNSS
Introduction
No criminal case can proceed unless it is heard by a court that has jurisdiction under the law. BNSS establishes a hierarchy of criminal courts and specifies their powers.
Simple Rule:
Police investigate → Prosecutor presents the case → Court conducts the trial → Judge delivers the judgment.
Hierarchy of Criminal Courts
Supreme Court of India
↑
High Court
↑
Court of Session
↑
Chief Judicial Magistrate (CJM)
↑
Judicial Magistrate First Class (JMFC)
↑
Judicial Magistrate Second Class (JMSC)
In metropolitan areas:
Chief Metropolitan Magistrate (CMM)
Metropolitan Magistrates (MM)
Types of Criminal Courts
1. Supreme Court
The Supreme Court is the highest court in India.
Powers
Hears criminal appeals in specified cases.
Interprets the Constitution.Protects Fundamental Rights.
Reviews High Court decisions.
Exercises special powers under the Constitution.
Example:
If a High Court confirms a death sentence, the convicted person may approach the Supreme Court through the legal appellate process.
2. High Court
Every State or group of States has a High Court.
Important Powers
Supervises subordinate courts.
Hears criminal appeals.
Hears criminal revisions.
May transfer cases.
May grant bail in appropriate cases.
May quash criminal proceedings in accordance with law.
Example
A person convicted by the Sessions Court can challenge the conviction before the High Court where the law provides an appeal.
3. Court of Session
Every Sessions Division has a Court of Session.
Head
The Court is presided over by a Sessions Judge.
There may also be:
Additional Sessions Judges
Assistant Sessions Judges (where applicable under the legal framework)
Cases Tried
Generally, serious offences such as:
Murder
Rape
Dacoity
Terror-related offences (subject to applicable special laws)
Important Point
A Sessions Court generally tries cases that are committed to it by a Magistrate, except where the law provides otherwise.
Sessions Judge
The Sessions Judge is the principal judge of the Sessions Court.
Powers
Conducts trials of serious offences.
Awards punishments authorized by law.
Can impose severe sentences, including those permitted by statute, subject to legal confirmation where required.
Assistant Sessions Judge
An Assistant Sessions Judge hears cases assigned according to law.
Judicial Magistrates
Judicial Magistrates deal with a large number of criminal cases involving less serious offences.
There are two main categories:
Judicial Magistrate First Class (JMFC)
Judicial Magistrate Second Class (JMSC)
Chief Judicial Magistrate (CJM)
The CJM is the senior-most Judicial Magistrate in a district.
Functions
Supervises Magistrates.
Tries criminal cases within jurisdiction.
Performs administrative functions assigned by law.
Judicial Magistrate First Class
The JMFC hears many routine criminal cases.
Examples
Theft
Cheating
Criminal intimidation
Hurt
Mischief
Trespass
Judicial Magistrate Second Class
The JMSC generally deals with comparatively less serious offences as provided by law.
Metropolitan Courts
These exist in metropolitan areas notified under law.
They include:
Chief Metropolitan Magistrate
Metropolitan Magistrates
Their powers are broadly similar to those of corresponding Judicial Magistrates, subject to statutory provisions.
Executive Magistrates
Executive Magistrates are part of the executive administration and are generally appointed by the State Government.
Examples
District Magistrate (DM)
Additional District Magistrate (ADM)
Sub-Divisional Magistrate (SDM)
Executive Magistrate
Functions of Executive Magistrates
They primarily deal with preventive and administrative matters such as:
Maintenance of public order.
Prevention of breaches of peace.
Preventive action in urgent situations.
Certain proceedings relating to public nuisance and public safety.
Important: They do not conduct criminal trials like Judicial Magistrates.
Difference Between Judicial and Executive Magistrates
| Judicial Magistrate | Executive Magistrate |
|---|---|
| Member of Judiciary | Member of Executive |
| Conducts criminal trials | Maintains public order |
| Independent of Executive | Part of district administration |
| Decides criminal cases | Preventive and administrative functions |
Jurisdiction means the legal authority of a court to hear and decide a case.
Without jurisdiction, a court cannot lawfully proceed.
Types of Jurisdiction
1. Territorial Jurisdiction
The case is generally heard in the area where the offence occurred.
Example:
A theft committed in Jammu is ordinarily tried by a court having jurisdiction over that area.
2. Pecuniary Jurisdiction
This concept is mainly relevant in civil matters and is generally not the basis for criminal jurisdiction.
3. Subject-Matter Jurisdiction
Some courts are authorized to try particular categories of offences.
Example:
Serious offences are generally tried by the Court of Session after committal where required.
Why is Jurisdiction Important?
It helps ensure:
Fair trial
Proper investigation
Efficient administration of justice
Avoidance of conflicting decisions
Stages of a Criminal Case under BNSS
Information about the offence.
Registration of FIR (where applicable).
Investigation by police.
Arrest (if necessary and lawful).
Collection of evidence.
Filing of police report/charge sheet.
Cognizance by the court.
Framing of charges (where applicable).
Trial.
Judgment.
Sentence (if convicted).
Appeal or revision as provided by law.
Meaning of Cognizance
Cognizance means the court taking judicial notice of an offence to begin legal proceedings.
It is the stage where the Magistrate applies judicial mind to the allegations before proceeding further.
Committal of Cases
Certain serious offences are triable by the Court of Session.
In such cases:
Police complete the investigation.
The Magistrate takes cognizance as required.
The case is committed to the Sessions Court where the law so requires.
The Sessions Court conducts the trial.
Important Examination Facts
| Topic | Fact |
|---|---|
| Highest Criminal Court | Supreme Court |
| Highest Court in State | High Court |
| Serious Criminal Trials | Court of Session |
| Senior Magistrate | Chief Judicial Magistrate |
| Public Order | Executive Magistrate |
| Criminal Trials by Magistrates | Judicial Magistrates |
Hierarchy:
S – H – S – C – J – J
S = Supreme Court
H = High Court
S = Sessions Court
C = Chief Judicial Magistrate
J = Judicial Magistrate First Class
J = Judicial Magistrate Second Class
Competitive Examination MCQs
1. Which court ordinarily tries the most serious criminal offences?
A. Judicial Magistrate Second Class
B. Executive Magistrate
C. Court of Session
D. Civil Judge
Answer: C
2. Who maintains public order under BNSS?
A. Judicial Magistrate
B. Executive Magistrate
C. Sessions Judge
D. Chief Justice
Answer: B
3. The highest criminal court in India is:
A. High Court
B. Sessions Court
C. Supreme Court
D. District Court
Answer: C
4. The Chief Judicial Magistrate belongs to:
A. Executive
B. Police Department
C. Judiciary
D. Legislature
Answer: C
5. Serious offences like murder are generally tried by:
A. JMFC
B. JMSC
C. Sessions Court
D. Executive Magistrate
Answer: C
Statement-Based Questions
Q1. Consider the following statements:
Executive Magistrates conduct regular criminal trials.
Judicial Magistrates are members of the judiciary.
Choose the correct answer:
A. Only 1
B. Only 2
C. Both 1 and 2
D. Neither 1 nor 2
Answer: B
Q2. Consider the following statements:
Sessions Courts generally try serious offences.
High Courts can hear criminal appeals.
Choose the correct answer:
A. Only 1
B. Only 2
C. Both 1 and 2
D. Neither 1 nor 2
Answer: C
Quick Revision
BNSS is the procedural criminal law of India.
Supreme Court is the highest criminal court.
High Court supervises subordinate courts and hears appeals.
Court of Session deals with serious criminal cases.
Judicial Magistrates conduct criminal trials within their jurisdiction.
Executive Magistrates are responsible for preventive and administrative functions, not regular criminal trials.
Jurisdiction means the legal authority of a court to hear a case.