Chief Judicial Magistrate and Additional Chief Judicial Magistrate
- The High Court shall designate a Judicial Magistrate of the First Class to serve as the Chief Judicial Magistrate in each district (provided the district is not a metropolitan region).
- A Chief Judicial Magistrate has the authority to inflict sentences, with the exception of death sentences, life sentences, and sentences lasting longer than seven years.
- The Sessions Judge will have ultimate authority over a Chief Judicial Magistrate, and all other judicial magistrates will report to the Chief Judicial Magistrate, with the Sessions Judge serving as the overall supervisor.
Categories of Criminal Courts in India
Courts that handle accusations of criminal activity are known as criminal courts. These courts rule on guilt or innocence and, in the event of a conviction, the appropriate sentence. The administration of criminal justice is handled by the Magistrate Courts and Sessions Courts. India’s substantive criminal law is made up of the Indian Penal Code, 1860 (IPC) and other penal statutes. The English criminal code served as a model for the Indian Penal Code. A Code of Criminal Procedure, 1861, was enacted in response to the IPC. Following the abolition of the 1861 Code, the 1973 Code of Criminal Procedure (CrPC) was created to administer and execute the substantive criminal law. The operation of the equipment used for the investigation and prosecution of the offenses is also governed and controlled by the CrPC.
Key Takeaways
- Indian criminal courts are based on an adversarial system; the judge hears arguments from the prosecution and defense before rendering a verdict based on the information provided. When it comes to cross-examining witnesses or gathering evidence, the judge is largely inactive.
- The purpose of this system is to guarantee that the accused is given a fair trial.
- In Indian criminal courts, the prosecution bears the burden of proof. They have to establish the accused’s guilt beyond a reasonable doubt.
- The Indian Constitution provides the accused of a criminal trial with a number of rights, including the right to a fair trial, the right to legal representation, and the right to avoid being forced to testify against oneself.
Table of Content
- Categories of Criminal Courts in India
- 1. Courts of Session
- 2. Chief Judicial Magistrate and Additional Chief Judicial Magistrate
- 3. Courts of Judicial Magistrates
- 4. Metropolitan Magistrates
- 5. Executive Magistrates
- Conclusion
- Criminal Courts-FAQs