Section_6 in The Code Of Criminal Procedure, 1973:
#Classes Criminal_Courts
Besides the High Courts and the Courts constituted under any
law, other than this Code, there shall be, in every State, the following
classes of Criminal Courts, namely:-
(i)
Courts of Session;
(ii)
Judicial Magistrates of the first class and, in
any metropolitan area, Metropolitan Magistrates;
(iii)
Judicial Magistrates of the second class; and
(iv)
Executive Magistrates.
#Section_7 of CrPC_1973
#legal #gyan
Territorial divisions.
(1) Every State shall be a sessions division or shall consist of sessions
divisions; and every sessions division shall, for the purposes of this Code, be
a district or consist of districts: Provided that every metropolitan area
shall, for the said purposes, be a separate sessions division and district.
(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 Code, shall be deemed to have been formed
under this section.
#Section_8 of crpc_1973 #Central_Government_Act
#legal #gyan
#Metropolitan #areas.
(1) The State Government may, by notification, declare that, as from such
date as may be specified in the notification, any area in the State comprising
a city or town whose population exceeds one million shall be a metropolitan
area for the purposes of this Code.
(2) As from the commencement of this Code, each of the Presidency towns
of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be
declared under sub- section (1) to be a metropolitan area.
(3) The State Government may, by notification, extend, reduce or alter
the limits of a metropolitan area but the reduction or alteration shall not be so
made as to reduce the population of such area to less than one million.
(4) Where, after an area has been declared, or deemed to have been
declared to be, a metropolitan area, the population of such area falls below
One million, such area shall, on and from such date as the State
Government may, by notification, specify in this behalf, cease to be a
metropolitan area; but notwithstanding such cesser, any inquiry, trial or
appeal pending immediately before such cesser before any Court or Magistrate in
such area shall continue to be dealt with under this Code, as if such cesser
had not taken place.
(5) Where the State Government reduces or alters, under sub- section (3),
the limits of any metropolitan area, such reduction or alteration shall not affect
any inquiry, trial or appeal pending immediately before such reduction or
alteration before any Court or Magistrate, and every such inquiry, trial or
appeal shall continue to be dealt with under this Code as if such reduction or
alteration had not taken place. Explanation.- In this section, the expression”
population” means the population as ascertained at the last preceding census of
which the relevant figures have been published.
#Section_9 of crpc_1973 #legal #gyan
Court of Session
(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 and
Assistant 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 or Assistant
Sessions Judge, or, if there be no Additional or Assistant 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. Explanation.- For
the purposes of this Code,” 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
Government.
#Section_10 #CrPC #crpc_1973 #legal #gyan
#Subordination_of#Assistant_Sessions_Judges.
(1) All Assistant Sessions Judges shall be subordinate to the Sessions
Judge in whose Court they exercise jurisdiction.
(2) The Sessions Judge may, from time to time, make rules consistent with
this Code, as to the distribution of business among such Assistant Sessions
Judges.
(3) 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 or Assistant Sessions Judge, or, if there be no Additional or
Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such
Judge or Magistrate shall be deemed to have jurisdiction to deal with any such
application.
#Section_11 #crpc_1973 #legal #gyan
Courts of Judicial Magistrates.
(1) In every district (not being a metropolitan area), 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.
#Section_12 in The Code Of Criminal Procedure, 1973 #CrPC #legal #gyan
#Chief_Judicial_Magistrate and Additional Chief Judicial Magistrate, etc.
(1) In every district (not being a metropolitan area), 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 Code or
under any other law for the time being in force as the High Court may direct.
(3) (a) 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.
(b) 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.
#section_13 in The Code Of Criminal Procedure, 1973 #legal #gyan #CrPC
#Special #Judicial_Magistrates.
(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 Code
on a Judicial Magistrate 1 of the first class or of the second class, in
respect to particular cases or to particular classes of cases, in any local
area, not being a metropolitan 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. 2 [ (3) The High Court may
empower a Special Judicial Magistrate to exercise the powers of a Metropolitan
Magistrate in relation to any metropolitan area outside his local
jurisdiction.]
#Section_14 in The Code Of Criminal Procedure, 1973 #legal #gyan #CrPC
#Local_jurisdiction of #judicial_magistrates
(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 11 or under section 13 may
exercise all or any of the powers with which they may respectively be invested
under this Code: 1 Provided that the Court of a 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) 1 Where the local jurisdiction of a Magistrate, appointed under
section 11 or section 13 or section 18, extends to an area beyond’ the
district, or the metropolitan area, as the case may be, in which he ordinarily
holds Court, any reference in this Code to the Court of Session, Chief Judicial
Magistrate or the Chief Metropolitan 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,
Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may
be, exercising jurisdiction in relation to the said district or metropolitan
area.]
#Section_15 in The Code Of Criminal Procedure, 1973 #legal #gyan
#Subordination of #Judicial_Magistrates.
(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 Code, as to the distribution of
business among the Judicial Magistrates subordinate to him.
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| Court Of Law : Judicial Magistrates |
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