Constitution and Powers of Courts

Six classes of courts & their hierarchy (S.6):

High Courts

Courts of Session

Chief Judicial Magistrate

Judicial Magistrates of the First Class

Judicial Magistrates of the Second Class

Metropolitan Magistrates

Executive Magistrates

Besides these, Special Courts can be constituted by State Government or Central Government.

Every State consists of Sessions divisions(Districts). Every metropolitan area (declared population of 10 lakh) is a sessions division and is considered a district. The State Government in consultation with the High Court can alter, add, divide limits or number of divisions. 

1. Courts of Session: In State of Assam Vs Ranga Muhammad it was held that the High Court does not have power to make first appointment because according to Art 233 that power vests in the Governor . It is presided by a Sessions Judge. Additional or Assistant Sessions Judges can be appointed to exercise jurisdiction of court. A sessions judge of one sessions division can be appointed as additional sessions judge of another district and so on. However the additional and assistant session judges are subordinate to the Sessions Judge and only in cases of unavoidable absence, incapacity, or urgent application, the additional and assistant can act on behalf if a provision is made either by the Sessions Judge or it can be forwarded to the Chief Judicial Magistrate. In Kehar Singh Vs State of Delhi it was held that holding a sitting in the Tihar jail was not illegal as notification amounted to declaring an additional place for sittings. 

2. Judicial Magistrates: The State Govt or the High Court can appoint the JM's. The High Court can confer magisterial powers on them or on any judge of civil courts. The Sub-Divisional Judicial Magistrate exercises general control over all JM's in the sub-division and s/he is subject to control of Chief Judicial Magistrate over whole district. 

3. Special Judicial Magistrates: The High Court when requested by the State or Central Govt can appoint JMSC's and confer on them powers to deal with particular cases or class or cases. The period of appointment is 1 year.  

4. Metropolitan Magistrates: The State Govt establishes the courts while the High Courts appoint the MM's or any Additional MM's for a term not exceeding 1 year to deal with certain cases or class of cases. 

5. Executive Magistrates: An EM(Collector/Tahsildar) under a District Magistrate is appointed in each district by the State Government. 

Public Prosecutors: (s.24)

The qualifications are that he must be an advocate of not less than 7 years practice and is appointed by the State/Central Government. Special Prosecutors can be appointed for particular cases or class of cases from a panel of names to be prepared by the District Magistrate in consultation with the Sessions Judge. A police officer below rank of an Inspector(s.25) or has taken part in investigation cannot be appointed as a Assistant Public Prosecutor. The appointment of PP is a compelling constitutional necessity and an obligation under the Cr.P.C. (P.M.Sunny Vs State of Kerala).

Duties of Public Prosecutor: 

The Public Prosecutor has to maintain impartiality and integrity. PP stands on behalf of the State. An offence is treated as a crime against the society and an invasion of public peace. The Public Prosecutor's main duty is to help discover the truth -- fairly, fearlessly and responsibly. He is an agent of justice. 

While renewing the PP's office the Sessions Judge & the District Magistrate have to follow same procedure in s.24(4) Cr.P.C. In Harpal Singh Vs State of UP it was held that the High Courts can examine any infirmity in the 'decision making process' and revert back to DM to follow s.24(4). According to the Doctrine of Forum Convenience the High Court cannot usurp functions of lower court inquiry.  

In Pavunny Vs. A.C.Central Excise Collection it was held that in cases like those under Customs Act or Gold Act have to be assigned only to people who have experience and ability in that branch of law. In State of Gujarat Vs K.V Joseph it was held that time factor maybe a consideration that High Court will take into consideration and decide by itself. 

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5 Powers of the Courts:

1>Power to try offences - These are offences triable by the High Court and Sessions Court(under IPC) or any other court having jurisdiction(any other law) under the First Schedule (s.26).
Some offences are tried by the courts mentioned by those laws or if no such court is mentioned then the High Court. A person under 16 for males and under 18 for females are tried under the Juvenile Justice Act,1986 (s.27). Previously they used to be tried by the Chief Judicial Magistrate or under the Children Act, 1960. Under the JJ Act 1986 a delinquent juvenile has to be released on bail, even if he has committed a heinous crime. If not he should be kept in a safe custody according to the JJ act. In Sangeeta Jain Vs S A Dwivedi it was held that accused who was a minor on the date of commission of offense can be tried u/s7 of JJAct,1986

2> Power to pass sentences: 
- A High Court can pass any sentence authorized by law. Even discretionary powers have to be exercised consistent with known principles of law and not otherwise - Dwarka das Vs State of Haryana
- While Sessions and Additional Sessions Judge can pass same but a sentence of death requires confirmation by the HC in order to minimize errors of trial.
- An Assistant Sessions Judge may pass any sentence authorized by law except - death sentence, imprisonment for life or imprisonment for term exceeding 10 years.
- While CJM and CMM cannot pass any imprisonment exceeding 7 years.
- JMFC cannot pass imprisonment not exceeding 3 years or fine exceeding Rs 5000 or both.
- JMSC cannot pass imprisonment exceeding 1 year or fine exceeding Rs 1000 or both.
3> Power to sentence of imprisonment in default of fine: s.30
The sentence should not be in excess of the powers.
It should not exceed 1/4th of the imprisonment which Magistrate can inflict.
The imprisonment awarded under the section is in addition to the substantive sentence for max term awardable by magistrate.
4> Power to sentence in cases of several offences at 1 trial: 
Here the sentences can run concurrently or consecutively (where the sentences are higher than the aggregate punishment is in excess of that which the court is competent to inflict of a single offence it is not necessary to send offender before a higher court. - But 2 conditions or exceptions are
1- S/he cannot be sentenced to imprisonment for more than 14 years.
2- The aggregate punishment should not exceed twice the amount for a single sentence which Magistrate is competent to inflict for single offence. For appeal aggregate is single offence (s.31)
5> Power of conferment, continuance and cancellation of powers:
Conferment orders take effect on the date when communicated to the Magistrate(s.32) and continues in power even if transferred to another place (s.33). The High Court or the State Govt may withdraw/confer/empower powers  conferred by it.
(s.35)The CJM or the DM may withdraw any powers conferred by him(s.34). Successors-in office enjoy the same powers and duties. Any dispute is resolved by the Chief Judicial Magistrate or the District Magistrate with regards to the Magistrates. The Sessions judge decides in case of additional or assistant sessions judges.