Criminal Courts-FAQs
Who is the head of the criminal court in a district?
In a district, the Chief Judicial Magistrate is in charge of the criminal courts.
Who conducts criminal trials?
Criminal trials are exclusively undertook by the judicial magistrates.
On whom does the burden of proof fall in criminal courts?
In Indian criminal courts, the prosecution bears the burden of proof. They have to establish the accused’s guilt beyond a reasonable doubt.
How do criminal courts work?
In a criminal case, the government (often represented by a prosecutor) brings charges against the accused (defendant). The prosecutor tries to convince the court that the defendant is guilty beyond a reasonable doubt. The defendant has the right to defend themselves and may have an attorney represent them.
What is the trial process in criminal courts?
Criminal trials follow a specific procedure where evidence is presented, witnesses are questioned, and arguments are made by both sides. The judge then delivers a verdict.
What types of crimes are heard in criminal courts?
Criminal courts handle a wide range of offenses, from minor traffic violations to serious felonies like murder or assault. The severity of the crime determines the level of court where the case is heard.
Reference:
- Legal Studies, Class XI- NCERT
- Code of Criminal Procedure, 1973
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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