Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaces the Code of Criminal Procedure (CrPC), 1973, with an aim to modernize, simplify, and digitize India’s criminal procedural laws. One of the fundamental pillars of this system is the jurisdiction and powers of criminal courts, which determine where a case can be tried, which court can try it, and what types of punishments can be imposed.
Understanding the jurisdiction and powers of criminal courts is crucial for the effective functioning of the criminal justice system. It helps maintain legal order by ensuring that every case is heard by the appropriate court with the lawful authority to do so.
What Is Jurisdiction?
Jurisdiction refers to the legal authority of a court to hear, try, and decide a criminal case. It includes:
- Territorial jurisdiction – Geographical limits within which a court can operate
- Pecuniary jurisdiction – Based on the monetary value involved (mostly civil, but affects compensation in criminal matters)
- Subject-matter jurisdiction – Based on the type and seriousness of the offence
- Original vs. Appellate jurisdiction – Authority to conduct trial (original) or hear appeals (appellate)
Classification of Criminal Courts Under BNSS
The BNSS retains the traditional hierarchy of courts with powers defined in alignment with the Indian Penal Code (IPC) or now Bharatiya Nyaya Sanhita (BNS), 2023.
1. High Courts
- Highest criminal court in the State.
- Have appellate, revisional, and original (in some cases) jurisdiction.
- Can pass any sentence authorized by law, including death penalty, but confirmation by High Court division bench is needed.
2. Court of Session
- Established by the State Government for every sessions division.
- Headed by a Sessions Judge.
- May impose any sentence, including capital punishment, but death sentence must be confirmed by High Court.
3. Judicial Magistrate of the First Class / Metropolitan Magistrate
- Can try offences punishable with imprisonment up to 3 years and fine up to ₹10,000.
- Important for dealing with a wide range of non-serious or mid-level criminal offences.
4. Judicial Magistrate of the Second Class
- Can try offences punishable with imprisonment up to 1 year and fine up to ₹5,000.
- Handles minor cases, such as petty theft, nuisance, etc.
5. Executive Magistrates
- Handle matters related to public order, preventive action, and maintenance of peace.
- Not involved in conducting criminal trials.
Territorial Jurisdiction
The place where a crime occurs generally determines the jurisdiction of the court.
Under BNSS (Section 208), offences can be tried in a court within whose jurisdiction:
- The offence was committed
- The accused person resides or is found
- The act forming part of the offence was done
- The consequence of the act has occurred
This ensures flexibility, especially in cases like cybercrime, cross-border criminal activity, or mobile offences.
Powers of Criminal Courts to Pass Sentences
Each court has limits based on the type of offence and severity of punishment.
| Court | Maximum Punishment It Can Award |
|---|---|
| High Court | Any sentence, including death |
| Sessions Court | Any sentence, including death (subject to High Court approval) |
| Judicial Magistrate First Class | Up to 3 years imprisonment, fine up to ₹10,000 |
| Judicial Magistrate Second Class | Up to 1 year imprisonment, fine up to ₹5,000 |
| Executive Magistrate | Cannot conduct trials, but can pass orders under preventive and maintenance laws |
Appellate and Revisional Powers
- High Court: Has powers to hear appeals from Sessions Court and Magistrates. Can also revise or quash lower court orders.
- Sessions Court: Can hear appeals from Magistrates’ Courts.
- Revisional powers help correct errors that have not been appealed but require attention.
Digital Integration and Jurisdiction in BNSS
BNSS promotes digital courts and paperless trials. This affects jurisdiction as:
- E-summons and e-warrants can be sent across jurisdictions
- Video conferencing enables remote testimonies and trials
- Jurisdictional conflicts can now be resolved faster using digital communication between courts
Special Jurisdiction: Cases Involving Children, Women, and Vulnerable Groups
- Special courts are created for:
- Juvenile justice
- Sexual offences (POSCO)
- Domestic violence
- These courts function under the larger umbrella of jurisdictional structure laid out in BNSS
Practical Examples of Jurisdiction and Power
| Offence | Court with Jurisdiction |
|---|---|
| Murder | Sessions Court |
| Theft under ₹5,000 | Magistrate Second Class |
| Domestic violence (criminal aspect) | Magistrate First Class |
| Rioting and Unlawful Assembly | Sessions Court or First Class Magistrate, depending on gravity |
| Cyberbullying | Court where message originated or received |
Factors That Affect Jurisdiction
- Nature of offence (cognizable vs. non-cognizable)
- Place of offence
- Place of residence of accused or victim
- Delay or failure to file FIR or complaint in proper place
- Transfer of cases between courts (Section 407–412 BNSS)
Power to Take Cognizance
- Magistrates and Sessions Courts can take cognizance of offences (Sections 210–212 BNSS).
- They can do so:
- Upon police report
- Upon a complaint
- Upon information from any person
Summary Table – Jurisdiction and Powers of Criminal Courts under BNSS
| Court Type | Jurisdiction | Powers |
|---|---|---|
| High Court | Appellate, Revisional, Writ | Any sentence, including death |
| Sessions Court | Serious offences, appeals from Magistrate | Any sentence (death penalty requires HC confirmation) |
| Judicial Magistrate First Class | Mid-level crimes | Up to 3 years imprisonment, ₹10,000 fine |
| Judicial Magistrate Second Class | Minor offences | Up to 1 year imprisonment, ₹5,000 fine |
| Executive Magistrate | Preventive, peacekeeping | Non-trial functions like binding for good behavior |