Hierarchy of Criminal Courts in India

The Supreme Court Of India, being the apex court of India, was established under Article 124 of Part V and Chapter IV of the Constitution of India.

The High Courts are at the second level of the hierarchy. They are governed by Article 141 of the Constitution Of India and are bound by the judgment of the Apex Court.

Lower Courts of India have been classified as follows.

•Metropolitan Courts

•Sessions Court

•Chief Metropolitan Magistrate

•First Class Metropolitan Magistrate

•District Courts

•Sessions Court

•First Class Judicial Magistrate

•Second Class Judicial Magistrate

•Executive Magistrate

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Constitution of Criminal Courts in India

1. The Sessions Judge– Section 9 of the CrPc talks about the establishment of the Sessions Court. The State Government establishes the Sessions Court which has to be presided by a Judge appointed by the High Court. The High Court appoints Additional as well as Assistant Sessions Judges. The Court of Sessions ordinarily sits at such place or places as ordered by the High Court. But in any particular case, if the Court of Session is of the opinion that it will have to cater to the convenience of the parties and witnesses, it shall preside its sittings at any other place, after the consent of the prosecution and the accused. According to section 10 of the CrPC, the assistant sessions judges are answerable to the sessions judge.

2. The Additional/ Assistant Sessions Judge- These are appointed by the High Court of a particular state. They are responsible for cases relating to murders, theft, dacoity, pick-pocketing and other such cases in case of absence of the Sessions Judge.

3. The Judicial Magistrate– In every district, which is not a metropolitan area, there shall be as many as Judicial Magistrates of first class and of second class. The presiding officers shall be appointed by the High Courts. Every Judicial Magistrate shall be subordinate to the Sessions Judge.

4. Chief Judicial Magistrate- Except for the Metropolitan area, the Judicial Magistrate of the first class shall be appointed as the Chief Judicial Magistrate. Only the Judicial Magistrate of First Class may be designated as Additional Chief Judicial Magistrate.

5. Metropolitan Magistrate- They are established in Metropolitan areas. The High Courts have the power to appoint the presiding officers. The Metropolitan Magistrate shall be appointed as the Chief Metropolitan Magistrate. The Metropolitan Magistrate shall work under the instructions of the Sessions Judge.

6. Executive Magistrate- According to section 20 in every district and in every metropolitan area, an Executive Magistrate shall be appointed by the State Government and one of them becomes District Magistrate.