Introduction:
The Bharatiya Nagarik Suraksha Sanhita (BNSS) has meticulously structured the hierarchy of criminal courts in India. This legal framework, outlined in the Sanhita, establishes a tiered system to ensure effective dispensation of justice.
1. High Courts:
At the pinnacle of the judicial hierarchy of criminal courts are the High Courts. They hold the authority to appoint Judges for various courts, including the Courts of Session and Judicial Magistrates. The High Courts play a pivotal role in shaping the judicial landscape.
2. Courts of Session (Section 8 BNSS):
The next tier consists of Courts of Session, one for every sessions division. These courts, presided over by appointed Judges, form a crucial part of the legal system. Additional Sessions Judges may also be appointed, providing flexibility in addressing case loads.
Subpoints:
- The Sessions Judge oversees the distribution of business among Additional Sessions Judges.
- Provision for urgent matters is made in the absence of the Sessions Judge.
3. Judicial Magistrates (Section 9 BNSS):
In every district, Courts of Judicial Magistrates of the first and second class are established. The High Court appoints the presiding officers. Special Courts may be instituted for specific cases, limiting the jurisdiction of other magistrates in the local area.
Please note that the concept of Metropolitan Magistrates which was present in Criminal Procedure Code, 1973 has been done away with in Bharatiya Nagarik Suraksha Sanhita (BNSS).
Subpoints:
- The High Court may confer powers on Judicial Service members.
4. Chief Judicial Magistrate and Subordinate Magistrates (Section 10 BNSS):
Each district sees the appointment of a Chief Judicial Magistrate, with the High Court having the authority to appoint Additional Chief Judicial Magistrates. Sub-divisional Judicial Magistrates are designated in specific areas, ensuring efficient distribution of responsibilities.
Subpoints:
- Sub-divisional Judicial Magistrates exercise control over the work of other Judicial Magistrates.
- The High Court may make special orders specifying powers of supervision.
5. Special Judicial Magistrates (Section 11 BNSS):
Special Judicial Magistrates may be appointed, conferring powers comparable to Judicial Magistrates of the first or second class. The High Court, upon request by the government, ensures that such appointments align with specified qualifications or experience.
Subpoints:
- The appointment of Special Judicial Magistrates is time-bound.
- The High Court may make general or special orders for such appointments.
Conclusion:
In conclusion, the BNSS delineates a comprehensive hierarchy of criminal courts in India. From the apex of High Courts to the grassroots-level Special Judicial Magistrates, this system is designed to balance authority, responsibility, and efficiency in the administration of justice.
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Hierarchy of Criminal Courts in India in light of Bharatiya Nagarik Suraksha Sanhita (BNSS)
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