This article has been written by Sourav Shekhar, a final-year law student at RNB Global University.
Abstract
From Section 6 to section 20, the Bharatiya Nagarik Suraksha Sanhita deals with the scheme and the working of the different criminal courts and their appendages in India. This paper gives an overview, together with examples, explaining the role and powers of various classes of criminal courts. Like the Courts of Session, Judicial Magistrates, Executive Magistrates, the different classes of criminal courts play a very significant role in the Indian criminal justice dispensation. It further explains the structure in these courts, the role of the Public Prosecutors, and the scheme of the Directorate of Prosecution. Knowledge of these provisions is quite important to appreciate the scheme of the working of the courts and the prosecutors in India. Bharatiya Nagarik Suraksha Sanhita provides a vast framework of law, both substantive and procedural, for administration of criminal justice. It is in Sections 6 to 20 of the BNSS that emphasis is laid on the constitution, jurisdiction, and hierarchy of various criminal courts, along with the functions of judicial and executive magistrates. These latter sections are meant to make the criminal justice system function smoothly, as they specify for each and every judicial officer the kind of powers and functions he or she has to perform. This document attempts to explain those areas with examples so that one could understand and appreciate the practical implications of such.
Explanation to Sections 6 to 20 with examples for better understanding:
Section 6: Classes of Criminal Courts
It enumerates the various classes of criminal courts. In a state, you might have:
- Courts of Session: These take up serious criminal cases, such as murder or dacoity.
- Judicial Magistrates of the First Class: These can handle cases with sentences up to three years imprisonment.
- Judicial Magistrates of the Second Class*: These deal with less serious offenses, with a maximum sentence of one year.
- Executive Magistrates*: These officials handle administrative functions like maintaining the law and order at a public gathering.
Section 7: Territorial Divisions
It defines division of states into judicial districts and sub-divisions. For example:
- Sessions Divisions: A state may be divided into several sessions’ divisions and each Sessions Division has a Court of Session.
- Districts: Every district is an independent judicial unit with courts of judicial and executive magistrates.
- Sub-divisions: These are the smaller administrative units in a district that have magistrates to take care of the local issues.
Example: The State Government, after consultation with the High Court, decides to divide a large district into two small districts for administrative convenience. This leads to a lessening of workload on the courts in existence and thus provides for quicker justice dispensation.
Section 8: Court of Session
This section speaks about constitution and functions of the Court of Session.
- Establishment: The State Government establishes a Court of Session in each session’s division.
- Appointment: The presiding Judge of the Court of Session is appointed by the High Court.
- Additional Sessions Judges: These judges are appointed to help in an overpowering burden of cases.
Example: A serious crime, like a murder case, is tried by the Court of Session in the capital city of a state. The Sessions Judge, appointed by the High Court, conducts a trial and ensures that it is a fair one.
Section 9: Courts of Judicial Magistrates
It lays down the establishment of Judicial Magistrates in every district. Such as:
- Judicial Magistrates of the First Class: Try moderately serious offenses.
- Judicial Magistrates of the Second Class: Less serious offenses.
Example: A case of petty theft is brought before a Judicial Magistrate of the Second Class. The magistrate is competent to try the case and pass an appropriate sentence, like a fine or imprisonment up to one year.
Section 10: Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
This section deals with the roles of Chief Judicial Magistrates. For example:
- Chief Judicial Magistrate: Oversees the administration of justice in the district.
- Additional Chief Judicial Magistrates: Assist in handling the case load.
Example: In a busy district, the Chief Judicial Magistrate is assisted by an Additional Chief Judicial Magistrate to ensure timely disposal of cases. The two of them are therefore at liberty to team up in managing the judicial workload efficiently.
Section 11: Special Judicial Magistrates
This section deals with the appointment of Special Judicial Magistrates for specific tasks. For instance:
Special Judicial Magistrates: Appointed for particular cases, such as a special anti-corruption drive.
Example: Special Judicial Magistrates may be appointed under an anti-corruption campaign to deal promptly with corruption cases, ensuring speedy justice and lessening the workload of regular courts.
Section 12: Local Jurisdiction of Judicial Magistrates
The section defines the place of jurisdiction of Judicial Magistrates. For instance:
Jurisdiction: A Judicial Magistrate of the First Class may have jurisdiction over the whole district while a Second Class Magistrate over a sub-division.
Example: A Judicial Magistrate of the First Class of a district capital can take a case for trial arising from any part of the district so that the door of justice is available to the people of the district at their doorstep.
Section 13: Subordination of Judicial Magistrates
This section describes the hierarchy. For instance:
Hierarchy: Judicial Magistrates of the Second Class are subordinate to those of the First Class, and all Judicial Magistrates are subordinate to the Chief Judicial Magistrate.
Example: A Judicial Magistrate of the Second Class is dealing with a minor case himself, but he regularly reports to a First Class Magistrate so that there is uniformity in the judgments given by the courts.
Section 14: Executive Magistrates
This section gives a list of powers of Executive Magistrates. For example:
- District Magistrate: The chief executive magistrate in a district.
- Sub-divisional Magistrates: Look after the law and order in sub-divisions.
Example: The District Magistrate contacts Sub-divisional Magistrates before any festival to maintain public safety and order. He issues necessary directives to the concerned magistrates to ensure that no disturbance of peace occurs.
Section 15: Special Executive Magistrates
This section speaks of an appointment of Special Executive Magistrates for certain tasks. Suppose
Special Executive Magistrates: Appointed in such cases as elections or special law and order situations.
Example: In the case of an election, Special Executive Magistrates are appointed to take cognizance of the issues relating to elections so that the process is smooth, and the complaints, if any, are redressed immediately.
Section 16: Local Jurisdiction of Executive Magistrates
This section defines the territorial jurisdiction of the Executive Magistrates. For instance:
Jurisdiction: An Executive Magistrate may have jurisdiction over a district or sub-division.
Example: An Executive Magistrate in a sub-division ensures that the government’s policies are implemented and also discharges other administrative functions such as issuing licenses, maintaining peace, etc.
Section 17: Subordination of Executive Magistrates
This section sets out or details or explains with examples the hierarchy of the Executive Magistrates. For example:
Hierarchy: The Executive Magistrates are subordinate to the District Magistrate.
Example: An Executive Magistrate dealing with a local dispute resolves it after consulting the District Magistrate to make sure all the decisions made at the local level fall in line with district policies and laws.
Section 18: Public Prosecutors
This chapter explains the role of Public Prosecutors. In detail: –
Public Prosecutor- It involves representing the state in criminal cases.
Example: A Public Prosecutor appears in a criminal trial, presents evidence, and argues the case against the accused, making sure that justice prevails in the state.
Section 19: Assistant Public Prosecutors
This section deals with the appointment and roles of Assistant Public Prosecutors. For example:
Assistant Public Prosecutors: Assist Public Prosecutors in conducting prosecutions.
Example: An Assistant Public Prosecutor assists the Public Prosecutor in preparing cases and disposing the burden, so that the criminal cases can be prosecuted within due time in a busy court.
Section 20: Directorate of Prosecution
This section deals with the organization and functioning of the Directorate of Prosecution.
For example: Directorate of Prosecution: Looks after prosecution of criminal cases in the state.
It shall be ensured by the Directorate of Prosecution that all prosecuting officers are properly trained, undergo training programmes and the prosecution policy and procedures are standardized in the State, which further leads to an effective Justice System.
Conclusion
It is in this regard that the constitution of criminal courts and offices assumes prime importance for any state in ensuring that justice is administered with efficiency and efficacy. An overview of the provisions under Sections 6 to 20 thus brings out the hierarchical structure and the well-defined demarcation of the criminal courts and offices. From the Courts of Session to all classes of Judicial Magistrates, each category of court is entrusted with the discharge of responsibilities relating to cases, depending on their gravity and complexity.
Section 7 deals with territorial divisions, which ensure the decentralization of the administration of justice, hence accessible and manageable. The fact that there are provisions for Section 8 Courts of Session and Section 9 for Judicial Magistrates shows good organization in terms of handling the case load.
Functions of Chief Judicial Magistrates, Additional Chief Judicial Magistrates and Special Judicial Magistrates are spelt out in Sections 10 and 11, where the work is apportioned so as to share the workload and address certain tasks effectively. Once more, the local jurisdiction and subordination provided under Sections 12 and 13 give a clear chain of command to ensure consistency and uniformity in decisions. The basic areas of attention from sections 14 to 17 are Executive Magistrates, their functions, and the hierarchy that constitutes the administrative side of law enforcement for proper implementation of public order and governmental policies at all levels. The provision for appointment of Special Executive Magistrates for certain tasks like elections again underscores the pliability and responsiveness of the system to special circumstances.
Public Prosecutors and Assistant Public Prosecutors, provided under Sections 18 and 19, play a vital role by representing the State in the criminal cases, proving justice to victims. The establishment of a Directorate of Prosecution provided under Section 20 shows the necessity of a properly managed and streamlined prosecution system to make the criminal justice system effective.
In other words, these provisions guarantee that under the constitution of criminal courts and offices, an effective and strong judicial system will be put into place to ensure justice is delivered in a timely manner. Undeniably, clarity in hierarchy, well-defined roles, and territorial jurisdictions make this a system where justice is easily accessible, consistent, and well-administered.
