Constitution of Criminal Courts and Its Hierarchy under BNSS | Bharatiya Nagarik Suraksha Sanhita

Every justice system operates within a well-defined structure and hierarchy to ensure the effective administration of law. Cambridge Dictionary defines hierarchy as a system in which people or things are arranged according to their importance.

Similarly, the Indian criminal justice system operates within a hierarchical structure as prescribed by the Bharatiya Nagarik Suraksha Sanhita.

Supreme Court of India, is the highest court of India, followed by the High Court, which is the highest court of the respective state (Article 214). There are 25 high courts in the country, three of which have jurisdiction over more than one state, governing the subordinate judiciary of the respective states or jurisdiction.

Before diving into the discussion on the constitution of the criminal courts and their jurisdictions, it becomes crucial to understand that the Supreme Court, also has the power to proceed in matters of criminal law.

The Supreme Court of India has original, appellate, and advisory jurisdiction in criminal matters. Under Article 32, various writs can be issued like habeas corpus, mandamus, prohibition, quo warranto, and certiorari for the enforcement of fundamental rights. Article 134 of the Indian Constitution deals with the appellate jurisdiction of the Supreme Court regarding criminal matters. It emphasis:

An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court-

(a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or

(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or

(c) certifies under article 134A that the case is a fit one for appeal to the Supreme Court.

Section 446 of BNSS provides that whenever appears to the Supreme Court that an order is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court. Criminal Writ Petitions can be filed in the High Court under Article 226 of the Indian Constitution.

Classification of Criminal Courts

Chapter 2 of the BNSS deals with the Constitution Of Criminal Courts and Offices. Section 6 of the Bharatiya Nagarik Suraksha Sanhita describes classes of criminal courts, it states that besides the High Courts or the courts constituted under any law, the state shall have criminal courts too, which are divided into four classes, namely: -

(i) Courts of Session;

(ii) Judicial Magistrates of the first class;

(iii) Judicial Magistrates of the second class;

(iv) Executive Magistrates.

Territorial Divisions of the Criminal Courts

Section 7 of the Sanhita further provides for the territorial divisions of the courts, every state with either constitute a single division or multiple sessions divisions, depending upon various factors. The section further states that every session division is to be considered a district or may include multiple districts. Section 7(2), empowers the State Government after consultation with the High Court can limit the division of districts.

Courts of Sessions

When it comes to criminal matters, the Sessions Court is the highest criminal court at the district level, subordinate to the High Court.; it is also conferred as the court of first instance for trying serious offences, i.e., those carrying a punishment of more than seven years of imprisonment, life imprisonment, or death penalty.

Section 8 of the BNSS provides that the State Government has to establish the Court of Sessions in every session division, and the same is to be presided over by the Judge, also known as the sessions judge, appointed by the High Court of the respective state. Along with the sessions judge, the High Court also has the power to appoint Additional Sessions Judges to exercise jurisdiction in the sessions court.

Courts of Judicial Magistrate

Section 9 of the Sanhita discusses the context of the courts of Judicial Magistrates. As per the section, the state government may, after consultation with the High Court, establish the courts of Judicial Magistrates and determine the number of Courts of Judicial Magistrates of the first and second class and their locations. 

Additionally, this section also states that the State Government after consultation with the High Court, may set up Special Courts of Judicial Magistrates for specific cases or classes of cases. Once such a Special Court is established in a local area, no other Magistrate Court in that area will have jurisdiction over those cases.

Chief Judicial Magistrate and Additional Chief Judicial Magistrate

Section 10(1) of the Sanhita deals with the powers of the High Court in the appointment of a first-class judicial magistrate as the Chief Judicial Magistrate (CJM) in every district. Section 10(2), deals with the appointment of the Additional Chief Judicial Magistrate (ACJM), having powers similar to that of CJM. The High Court can appoint any Judicial Magistrate of the First Class as a Sub-divisional Judicial Magistrate (SDJM) in any sub-division and modify their responsibilities as needed. [Section 10 (3)].

The SDJM, under Section 10(4), is empowered to supervise other Judicial Magistrates (excluding Additional Chief Judicial Magistrates) in the sub-division under the CJM’s control, as specified by the High Court.

The provision of Section 11 is about the appointment of Special Judicial Magistrates to deal with particular cases or particular classes of cases in any local area.

Local Jurisdiction and Subordination of Judicial Magistrates.

As per Section 12 of the BNSS, subject to the control of the High Court, the Chief Judicial Magistrate may set local boundaries within which Magistrates under Sections 9 and 11 can exercise their powers. The Court of Special Judicial Magistrate may sit anywhere within its designated area. Unless stated otherwise, every Magistrate's jurisdiction and powers extend throughout the entire district.

Section 13 of the BNSS outlines the hierarchy of Judicial Magistrates. In every district, the Chief Judicial Magistrate is subordinate to the Sessions Judge; all other Judicial Magistrates who report to the Sessions Judge are subordinate to the Chief Judicial Magistrate. Additionally, the Sanhita has empowered the Chief Judicial Magistrate to issue rules or special orders to allocate work among the subordinate Judicial Magistrates.

Executive Magistrates

Section 14 of the BNSS deals with Executive Magistrates. In every district, the State Government may appoint as many Executive Magistrates as it sees fit, with one designated as the District Magistrate. The State Government may also appoint any Executive Magistrate as an Additional District Magistrate, granting them the same powers as the District Magistrate under this Sanhita or any other law in force. If the office of the District Magistrate becomes vacant, a temporary officer will assume all the corresponding powers and duties until further orders are issued.

The State Government can also assign an Executive Magistrate to oversee a sub-division as the Sub-divisional Magistrate and may delegate some of these powers to the District Magistrate. Finally, the State Government retains the right to confer, under any applicable law, some or all of these powers on a Commissioner of Police.

There is no scope for doubt that Executive Magistrates are subordinate to the authority of the High Court. [Krishna v. State of Kerala, (1981)]

Appointment of Special Executive Magistrates

Section 15 of the BNSS provides that the State Government may appoint, for a term it deems fit, Special Executive Magistrates. These appointments may be made from among Executive Magistrates or any police officer not below the rank of Superintendent of Police (or its equivalent). The designation applies to particular areas or for performing specific functions, and the State Government may confer on these officers any of the powers available to Executive Magistrates under the Sanhita as it considers appropriate.

Section 16 deals with the local jurisdiction of the Executive Magistrates and Section 17 is about the Subordination of Executive Magistrates. Sections 18, 19 and 20 of the Sanhita deal with the prosecution. Although they don’t necessarily form a part of the hierarchy of Criminal Courts, they are still very much relevant to the criminal justice system.

Conclusion

Provisions under Sections 6 to 17 establish a clear hierarchical system—from Courts of Session to Judicial Magistrates—with defined territorial divisions for decentralised administration. Sections 8 and 9 address Courts of Session and Judicial Magistrates, respectively, while Sections 10 and 11 outline the roles of Chief, Additional, and Special Judicial Magistrates. The framework, as penned in Sections 14 to 17, sets out the functions of Executive Magistrates and the appointment of Special Executive Magistrates. Finally, Sections 18 to 20 establish Public Prosecutors and a Directorate of Prosecution, ensuring timely and consistent justice.

References

[1] Constitution of India, 1950

[2] Bharatiya Nagarik Suraksha Sanhita, 2023

[3] Sessions Court and Sessions Judges, Available Here

[4] Krishna v. State of Kerala, 1981 Cr LJ 1793 (Ker)