Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 marks a new era in India’s criminal procedural laws by replacing the Code of Criminal Procedure (CrPC), 1973. One of the fundamental structures of this legal system is the classification of criminal courts. These courts form the hierarchical framework within which criminal cases are investigated, tried, and adjudicated across the country.
A clear understanding of the different types of criminal courts, their jurisdictions, and roles is vital for the smooth administration of justice. The classification ensures that every criminal matter is heard by an appropriate authority based on the severity of the offence, nature of punishment, and territorial limits.
Why Classification Matters
The classification of criminal courts ensures:
- Fair and efficient adjudication of criminal matters
- Distribution of workload among various courts
- Proper utilization of judicial expertise
- Effective sentencing authority in accordance with the law
Constitutional and Legal Framework
- Article 50 of the Constitution of India emphasizes the separation of judiciary from the executive.
- The BNSS provides a comprehensive structure for the classification and jurisdiction of criminal courts.
- The hierarchy reflects both substantive (related to types of offences) and procedural law (how cases are tried).
Classification of Criminal Courts Under BNSS
BNSS recognizes the following main types of criminal courts in India:
1. High Courts
- Highest court of criminal jurisdiction in a State.
- Exercises original, appellate, and revisional jurisdiction.
- Has the power to hear appeals from lower courts.
- Can pass any sentence, including the death penalty (subject to confirmation by a division bench).
2. Courts of Session
- Established by State Governments for every Sessions Division.
- Presided over by a Sessions Judge, assisted by Additional and Assistant Sessions Judges.
- Tries serious offences such as:
- Murder
- Rape
- Dacoity
- Terrorism-related cases
- Can impose any sentence, but a death sentence requires High Court confirmation.
3. Judicial Magistrate of the First Class / Metropolitan Magistrate
- Operates at the district or metropolitan level.
- Tries offences punishable with imprisonment up to three years and fine up to ₹10,000.
- Handles:
- Domestic violence
- Assault
- Theft
- Property disputes
- Metropolitan Magistrates function in cities with population over 1 million.
4. Judicial Magistrate of the Second Class
- Tries petty offences with imprisonment up to one year and fine up to ₹5,000.
- Ideal for:
- Petty theft
- Nuisance
- Minor brawls
- Ensures faster disposal of less serious criminal cases.
5. Executive Magistrates
- Appointed from the administrative branch (e.g., District Collector, SDM).
- Do not conduct trials but handle:
- Preventive actions
- Maintenance orders
- Public order issues
- Have powers under Chapter IX and X of BNSS relating to public tranquility and security for keeping peace.
Powers of Criminal Courts
| Court Type | Maximum Punishment It Can Impose |
|---|---|
| High Court | Any sentence, including death penalty |
| Sessions Court | Any sentence (death penalty needs HC approval) |
| Magistrate First Class | Up to 3 years’ imprisonment and ₹10,000 fine |
| Magistrate Second Class | Up to 1 year imprisonment and ₹5,000 fine |
| Executive Magistrate | Preventive orders, no trial powers |
Special Courts
In addition to the regular classification, BNSS allows the creation of Special Courts to deal with specific types of offences:
- Juvenile Justice Boards (JJB) – For offences by children
- Protection of Children from Sexual Offences (POCSO) Courts
- NDPS Courts – For narcotics cases
- CBI Courts – For central investigation agency matters
- SC/ST Courts – For atrocities against scheduled castes and tribes
These courts follow procedural guidelines under BNSS but are guided by special enactments.
Appellate Jurisdiction of Criminal Courts
| From | Appeal Lies To |
|---|---|
| Magistrate Second Class | Judicial Magistrate First Class / Sessions |
| Judicial Magistrate First Class | Sessions Court |
| Sessions Court | High Court |
| High Court | Supreme Court (special leave or appeal) |
This hierarchy ensures checks and balances through appellate and revisional jurisdiction.
Importance of Criminal Court Classification
- Helps in allocation of judicial resources
- Ensures timely disposal of cases by courts with appropriate powers
- Prevents overburdening of higher courts with minor matters
- Encourages specialization and efficient adjudication
- Respects citizen’s right to a fair trial by correct court
Summary Table – Classification of Criminal Courts Under BNSS
| Court | Jurisdiction | Punishment Power | Function |
|---|---|---|---|
| High Court | Appellate, Revisional, Writ | Any sentence including death | Highest criminal court in State |
| Sessions Court | Original, Appellate | Any sentence (death requires HC approval) | Tries serious offences |
| Judicial Magistrate First Class | Original | Up to 3 years, ₹10,000 fine | Mid-level crimes |
| Judicial Magistrate Second Class | Original | Up to 1 year, ₹5,000 fine | Minor offences |
| Executive Magistrate | Preventive and Executive | No trial powers | Maintains public peace and order |