Criminal courts & Powers of Courts : An analysis., Thesis of Criminal Law

Download Criminal courts & Powers of Courts : An analysis. and more Thesis Criminal Law in PDF only on Docsity! THAKUR RAMNARAYAN COLLEGE OF LAW DATE OF SUBMISSION: 24TH SEPTEMBER 2022 SEMESTER V SUBJECT: CRIMINAL PROCEDURE CODE,1973 TOPIC: CRIMINAL COURTS & POWERS OF COURTS : AN ANALYSIS SUBMITTED TO: PROF. SUBHASH PATHAK SUBMITTED FROM: BADGERI ANKITA ANIL CLASS, DIV & ROLL NO. TY LLB, A-02 1 TABLE OF CONTENTS SR. No. CONTENT PAGE NO. 1. Declaration / Acknowledgement 3 2. Introduction 4 3. Classes of Criminal Courts in India 5 4. Supreme Court High Court 6 5. Session Court 7 6. Courts of Judicial Magistrate of 1st Class & 2nd Class 8 7. Courts of Metropolitan Magistrate Executive Magistrate 9 8. Powers of Courts 9. Conclusions and Recommendations 14 10. Bibliography/References 15 2 VARIOUS CLASSES OF CRIMINAL COURTS IN INDIA Besides the Courts that are mentioned below, the Courts may also be constituted under any other law. The Supreme Court is vested with the appellate jurisdiction regarding criminal matters from a High Court in some instances as well. The following are the other major criminal courts in India. 1. Supreme Court 2. High Courts 3. The Courts of Session 4. The Judicial Magistrates of the First Class, and, in any metropolitan area; the Metropolitan Magistrates. 5. The Judicial Magistrates of the Second Class 6. The Executive Magistrates 5 1. Supreme Court. The Supreme Court of India has the jurisdiction to deal with criminal cases. The Constitution of India has created this court for each state. Also, the jurisdiction and powers of this court are very well mentioned in the Indian Constitution. In addition to this, section 379 of the Criminal Procedure Code provides provisions related to appeal in the Supreme Court under certain circumstances. And, section 406 of CrPC also grants the Supreme Court the power to transfer cases and appeals from one High Court to the other High Court. 2. High Court. Along with the Supreme Court of India, High Courts are also established for each state by the Constitution of India. Article 227 of the Indian Constitution provides that except for the court formed for the armed forces, every High Court must have supervision over all courts and tribunals throughout the territories over which it exercises jurisdiction. Further, CrPC imposes a duty on the High Court under section 483 to exercise continuous control over the courts of Judicial Magistrates subordinate to it. The code has also granted several powers and duties to the High Court, including those related to appeals and amendments. The High Court has the power to pass any sentence authorised by law. Learn more: High Court – Composition, Jurisdiction and Powers. 6 3. Sessions Court. The Sessions Court headed by the Sessions Judge is the highest Criminal Court in the district. As the District Judge also functions as the Sessions Judge, he is known as the District and Sessions Judge.. The provisions related to the Court of Session are contained under section 9 of CrPC. It provides that the state must establish a Court of Session for every Sessions Division, which is to be governed by a judge. The High Court appoints the judge. The High Court can also appoint Additional Sessions Judges and Assistant Sessions Judges to govern the Court of Session. Further, section 10(1) provides that all Assistant Sessions Judge are subordinate to the Sessions Judge in whose court they exercise the control. This court does not have the power to grant bail in serious cases. Section 29(1) of CrPC provides the sentence that a Court of Session can pass. Accordingly, the Sessions Judge can give any punishment authorised by law. But it can not provide punishment for a death sentence, imprisonment for life or imprisonment for a term beyond seven years. 7 POWERS OF COURTS Chapter III Code of Criminal Procedure deals with the powers of Courts to take cognizance of offence which are divided into offences Indian Penal Code and the offences under any other law. The powers of courts for trial of the offences are mentioned from Section 26 to 35 of the Code. The courts in which offences are triable - Section 26 Section 26 of CrPC describes by which courts the offences are triable. Under IPC any offences can be tried by the High Court, Court of Sessions and any other court which is specified in the first schedule. As per the Criminal Law Amendment Act, 2013 Section 11 states that any offences under Section 376, Section376A, Section 376B, Section 376C, Section 376D and Section 376E of IPC should be tried by a court where it is presided by a woman judge. And any offence under any other law can be tried in any court that mentioned in such law and if no court is mentioned in the law, it may be tried by the High Court, any other Court which specifies in the schedule. Jurisdiction of the Juvenile Cases – Section 27 Section 27 of Code states that any person who is below the age of sixteen years is considered to be juveniles. The offence committed by a juvenile is tried by the Court of Chief Judicial Magistrate or by the Court which empowered by the Children Act,1960(60 of 1960) or any other for the time being in force relating in youthful offenders. Present Juvenile Justice System The Introduction of “Juvenile Justice(Care and Protection)2015 Act” brought changes in the juvenile under the age of 16 to 18 years tried to be an adult. Trial of the juveniles for the committing of offences should be based on the non-penal treatments by sending them to Special homes and the Rehabilitation centres. The juveniles should get a chance of reformation instead of ordering the judgement for punishing by the Court. And the juveniles should not be tried in courts, they must be corrected for their offence. 10 Sentences that High Court and Sessions Judges may pass – Section 28 The High Court is empowered to pass any sentence that is authorized by law. In Onkar Nath v. Emperor2, it was held that Section 27(1) does not mean that High Court may pass any sentence but its power to pass any sentence as an appellate court must be measured by the power of Court from which the judgement of appeal have brought before it. The Sessions Judge and the Additional Sessions Judge can pass any sentence that is authorized by law, for the passing of death sentence the prior confirmation of High Court is necessary. An Assistant Sessions Judge may pass a sentence which is authorized by law, but they cannot pass the death sentence, life imprisonment and also imprisonment for 10years or more. Power of Magistrate to Pass Sentences – Section 29 The Court under this section may pass within its discretion sentence for any period within the maximum it has the power to pass. The Chief Judicial Magistrate may pass any sentence authorized by law, except the death sentence, life imprisonment and imprisonment for more than seven years.3 In the case Saroop Kumar v. the State of H.P4 it was held that a Chief Judicial Magistrate cannot exercise the power available to him when he presides in a children’s court. A Magistrate of the first class can pass sentence of imprisonment for a term not exceeding three years and may also impose fine upto 10000 Rs and in Maharashtra and Rajasthan they may impose fine upto 50000 Rs..5 The Court of Magistrate of Second Class can also pass sentence of imprisonment not exceeding one year and a fine of five thousand rupees and in Maharashtra he may impose fine upto Ten Thousand rupees..6 The Court of Chief Metropolitan Magistrate shall have the same powers of Chief Judicial Magistrate, Metropolitan Magistrate and that of a First Class Magistrate Judge.7 2 A.I.R. 1936 All 675. 3 Section 29(1) of Code of Criminal Procedure 1973. 4 1989 Cr. LJ, 1113 5 Section 29(2) of Code of Criminal Procedure 1973. 6 Section 29(3) of Code of Criminal Procedure 1973. 7 Section 29(4) of Code of Criminal Procedure 1973. 11 Imprisonment In Default of Fine – Section 30 If the accused fails to pay the fine imposed to him, then he can be imprisoned for a further term. This section provides the limit of the sentence that can be awarded in default of payment of a fine. The power of Magistrate to award fine are limited under Section 29. In Bashiruddin Ashraaf v. the State of Bihar8 it was held that, where the offence is punishable by fine only, then it cannot provide for imprisonment in default of payment of fine, the imposition of simple imprisonment for such default is justified under Section 30. Cases of Conviction of Several Offences at One Trial – Section 31 Under Section 31, if the person is convicted for two or more offences at one trial, the court can provide separate punishments. Section 31(1)the court can order different sentences that runs concurrently. In the case of succeeding sentences, the court doesn’t have to send the offender before the High Court. The Court itself can pass sentence for without exceeding the term of fourteen years and the aggregate punishment not exceeding the fine limit of the Court. And for appeal in aggregate punishment is assumed as a single sentence. The aggregate punishment also shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence. Conferring Powers – Section 32 The High Courts and the State Government can give powers on the person in particular of their offices or classes of officials by the official labels. And every such order is considered as to be effective from the date of appointment of such persons.9 In Prem Nath v. the State of Rajasthan10, held that the High Court or State Government is competent to award additional powers upon any person. 8 A.I.R. 1972 S.C.645. 9 Section32 (1) and (2) of Code of Criminal Procedure 1973. 10 A.I.R. 1967 S.C. 1599 12