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Chris John

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Published on: Sep 16, 2026

The Criminal Procedure Code: Criminal Courts

Criminal law is a pivotal part of social control, acting as a robust tool society utilizes to safeguard itself against anti-social conduct. The laws of criminal procedure are designed to complement criminal law, providing a systematic framework for its enforcement. The Code of Criminal Procedure of 1989 was repealed by the Code of 1973 to consolidate and refine the laws pertaining to Criminal Procedures. This important Act strengthens and changes the procedures for apprehending criminals, investigating criminal cases, and conducting trials in Criminal Courts. This article delves into the Criminal Procedure Code: Criminal Courts and provides vital information related to these entities.

Various Classes of Criminal Courts in India

Apart from the main courts discussed below, there may also be courts constituted under different laws to oversee criminal matters. Notably, the Supreme Court holds appellate jurisdiction in some criminal matters from a High Court. The key criminal courts in India are as follows:

  1. The High Courts
  2. The Courts of Session
  3. The Judicial Magistrates of the First Class, including Metropolitan Magistrates in metropolitan areas.
  4. The Judicial Magistrates of the Second Class
  5. The Executive Magistrates

The Supreme Court of India

The Supreme Court of India stands as the apex judicial forum and final court of appeal as outlined by the Constitution of India. It is entrusted with judicial review and comprises the Chief Justice of India and 30 other proficient judges with extensive jurisdictional powers. The Supreme Court predominantly handles appeals against High Court verdicts, safeguarding citizens' fundamental rights and settling disputes among various governmental bodies. The decrees of the Supreme Court, enforceable by the President, bind all courts and governments in the Union and States of India.

The High Courts

India's judicial framework includes 24 High Courts positioned at the state and union territory levels, alongside the national Supreme Court. Each High Court has authority over specific states, union territories, or groups of both, functioning as the principal civil courts with original jurisdiction in states and territories. High Courts exercise original civil and criminal jurisdiction where subordinate courts lack authority, as explicitly designated by central or state laws. Additionally, the High Courts have the power to handle first-authority cases in specific matters.

Courts of Judicial Magistrate of First Class

Forming the second lowest echelon in India's Criminal Court hierarchy, the Courts of Judicial Magistrate of the First Class are established by State Governments with High Court consultation, as per the Criminal Procedure Code of 1973. These courts are generally managed by the Sessions Judge, with the Chief Judicial Magistrate as a subordinate, as stipulated in Section 15 of the Code. Judicial Magistrates of First Class are authorized to impose imprisonment sentences not exceeding three years, fines up to Ten Thousand Rupees, or both.

Courts of Judicial Magistrate of Second Class

Sitting at the base of the Criminal Court structure in India, the Courts of Judicial Magistrate of Second Class are also established by State Governments in consultation with the respective state's High Court, according to Section 11 of the Criminal Procedure Code of 1973. These Magistrates can impose imprisonment for a term not exceeding one year, fines up to Five Thousand Rupees, or both.

The Executive Magistrates

Executive Magistrates are legal officers endowed with specific powers under the Criminal Procedure Code and the Indian Penal Code. Although they lack the authority to accuse or deliver verdicts, they handle individuals arrested outside a court's jurisdiction. These officers can also set bail amounts, issue restraining orders, and authorize force where necessary. A district typically comprises:

  1. The Chief Judicial Magistrate
  2. The Additional Chief Judicial Magistrates
  3. The Sub-Divisional Judicial Magistrates
  4. The Judicial Magistrates First Class

Power of the Courts

Chapter III of the Criminal Procedure Code outlines the powers of the courts, particularly regarding the trial of offences. Offences are generally categorized into those under the Indian Penal Code and those under other laws. Section 26 states that offences under the Indian Penal Code of 1860 may be adjudicated by the High Court, Court of Session, or any other designated Court. Conversely, offences under other laws are tried by courts referenced in the respective law or by a suitable Court as indicated in the First Schedule.

Power of the Courts to Pass Sentences

Sentences Which the High Courts and Session Judges of India May Pass

Section 28 empowers Indian High Courts to pass any sentence permitted by law. While Sessions Judges can do likewise, any death sentence must be confirmed by the High Court. An Assistant Sessions Judge, however, is restricted from passing death sentences, life imprisonment, or sentences exceeding ten years.

Section 26 of the Criminal Procedure Code enumerates different Courts where offences are tried while Section 28 delineates the limits of sentences these Courts may impose.

Sentences of the Magistrates

Section 29 of the Criminal Procedure Code outlines the spectrum of punishments different Magistrate categories can impose:

  • The Chief Judicial Magistrate's Court may impose any sentence except death, life imprisonment, or imprisonment beyond seven years.
  • The Magistrate of the first class can sentence up to three years of imprisonment or a fine not exceeding Five Thousand Rupees, or both.
  • The Magistrate of the second class may impose one year of imprisonment or a penalty not exceeding One Thousand Rupees, or both.
  • The Chief Metropolitan Magistrate wields all powers of a Chief Judicial Magistrate and a Magistrate of the First Class.

Sentence Imprisonment in Default of Penalty

Should a convict default on fine payment, the law permits imprisonment, in addition to substantive imprisonment awarded. Section 30 specifies the constraints on Magistrate powers concerning imprisonment in penalty default cases:

  • Imprisonment terms should not exceed a Magistrate's authority under Section 29.
  • For substantive sentence increments, imprisonment terms should not surpass one-fourth of the sentence duration authorized for the offence.

Conviction of Several Offences at One Trial

Section 31 of the Criminal Procedure Code details the extent of punishment a court may decree when an accused is convicted of multiple offences in a single trial.

Understanding the powers and structure of India’s criminal courts is vital for navigating its legal landscape. For more detailed legal information, consider exploring resources such as share transfer procedures or MCA eForm URC-1 requirements.

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Frequently Asked Questions

Common questions about Criminal Procedure Code: Understanding Indian Criminal Courts.

The Criminal Procedure Code is an Act that lays down the procedure to be followed in apprehending criminals, investigating criminal cases, and their trial before the Criminal Courts. It is intended to provide a mechanism for the enforcement of criminal law.
The major Criminal Courts in India are the Supreme Court, High Courts, Courts of Session, Judicial Magistrates of the First Class and Metropolitan Magistrates, Judicial Magistrates of the Second Class, and Executive Magistrates.
The Supreme Court is the highest judicial forum and final court of appeal in India. It has the power of judicial review and can hear appeals against verdicts issued by the High Courts. It safeguards the fundamental rights of citizens and settles disputes between different governments.
The High Courts are the principal civil courts of original jurisdiction in every state and union territory. They can exercise original civil and criminal jurisdiction when subordinate courts do not have the authority to try such cases. They can also have authority in certain matters as designated by federal or state laws.
A Judicial Magistrate of the First Class can pass a sentence of imprisonment for a term not exceeding three years, or a fine not exceeding Ten Thousand Rupees, or both.
A Judicial Magistrate of the Second Class can pass a sentence of imprisonment for a term not exceeding one year, or a fine not exceeding Five Thousand Rupees, or both.
Executive Magistrates are officers of the law vested with specific powers and duties under the Criminal Procedure Code and the Indian Penal Code. They can pass orders restraining individuals from entering specific areas and are authorized to use force against people, but they cannot accuse or pass verdicts.
Offences under the Indian Penal Code can be tried by the High Court, Court of Session, or any other Court as shown in the First Schedule to be triable. Offences under other laws can be tried by the Court mentioned in that law, or by the High Court or any other Court as shown in the First Schedule.
The powers of the Courts to pass sentences are specified in the Criminal Procedure Code. The High Courts and Sessions Judges can pass any sentence authorized by law, except that a Sessions Judge's sentence of death is subject to confirmation by the High Court. Magistrates have varying powers to pass sentences based on their classification.
If an accused fails to pay a fine imposed on them, the Court of a Magistrate can impose imprisonment for a term in addition to the substantive imprisonment awarded, as authorized by law. However, this term should not exceed the Magistrate's powers under Section 29 or one-fourth of the imprisonment the Magistrate can inflict for the offence.