The Law and Courts in India

The law in India can be divided in 2 basics laws:

a) Substantive Law  (b) Procedural Law

Substantive Law gives and defines “rights” and the Procedural Law lays down the machineries to implement Substantive rights. Thereby meaning that the Substantive law gives “rights” & the Procedural law “implements” it.

The Code of Criminal Procedure 1973 often referred as 'CrPC' is a Procedural Law.

There 2 types of justice system existing in the civilised countries world over:

1. Adversarial Criminal justice system   and

2. Inquisitorial Criminal Justice system. 

The Inquisitorial Criminal Justice System:- An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defence.

 

The Adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties case or position before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth and pass judgment accordingly.

The three very important attributes of the Adversarial Criminal Justice System are:

1. that the accused  is presumed innocent unless proven guilty.

 

2. the burden of proving the guilt against accused person lies on the Prosecution and it never shifts.  

3. In the Adversarial Criminal Justice System is Magistrate is treated as a neutral umpire. Magistrate does not take active interest or active involvement in the criminal trial.  Magistrate participates or interferes against only whenever it becomes immanent.  Therefore, the role of a Magistrate is to act as a neutral umpire to hear both the sides clearly and then to adjudicate.

The Indian criminal justice system follows the Adversarial Criminal Justice System. Magistrate does not take active interest or active involvement in the criminal trial. 

Section 6 CrPC, categorises the Criminal Courts as follows:

The powers, position & role of various courts:

High Court

High Court is the highest court exercising criminal jurisdiction  in a state. It hears appeal from District & Session Courts. Though,  it has original jurisdiction in some matters but predominantly, it is for hearing appeals from the District & Sessions Courts. It can pass any sentence authorised under law including Capital punishment (Death Sentence).   But the most important function that is performed by High Court is it exercises administrative control over the District Courts.   So, all the District courts are within the administrative control of High Court.

The Sessions court

The next court under the hierarchy is the Court of Sessions (Section 9-10 CrPC). Courts of Sessions are established by State Governments in every sessions division. CrPC categorises every district in a state into one session division and for each of a session division there is a provision of Session judge. The Session judge is the judge who presides over the court of Sessions. The court of Sessions is subordinate to the High Court  and it can pass any sentence authorised under law in force {Section 28(1)}  but a sentence of death has to be confirmed by the High Court {Section 28(2)}.  

Judicial Magistrate First Class/ Metropolitan Magistrates/District Judges

The next court under the hierarchy is the courts of Judicial Magistrate First Class/ Metropolitan Magistrates (Section 11-14). Judicial Magistrate First Class or Metropolitan Magistrates in a district is appointed by the High Court. The senior most Judicial Magistrate of First Class is designated as the Chief Judicial Magistrate. He heads the Magistracy in the district. The Chief Judicial Magistrate can pass any sentence authorised by law, except a sentence of death or life imprisonment or imprisonment exceeding 7 years {Section 29 (1)}.

The High Court may also appoint Additional Magistrates in any district in order to assist the Chief Judicial Magistrate (CJM). Additional Magistrate can pass any sentence of imprisonment not exceeding 3 years or of fine not exceeding fine of Rs. 5000 thousand or both {Section 29(2)}.

Judicial Magistrate Second Class

Judicial Magistrate Second Class (Section 15 CrPC) are appointed by High Court and they can pass any sentence of imprisonment not exceeding 1 year or of fine not exceeding Rs. 1000 or both {Section 29(3)}.

Executive Magistrate 

An Executive Magistrate is an officer of the Executive branch (as opposed to the Judicial branch) who is vested with specific powers under both the CrPC and the Indian Penal Code (IPC). Technically, the police are to assist the Executive Magistrate.

Conclusion:

The Indian criminal justice system follows the Adversarial Criminal Justice System. Magistrate does not take active interest or active involvement in the criminal trial.  Magistrate participates or interferes against only whenever it becomes immanent.  Therefore, the role of a Magistrate is to act as a neutral umpire to hear both the sides clearly and then to adjudicate.

The Courts system in India are designed to effectively cater to all regions of the country with clear demarkation of jurisdictions, powers, limits and process of appeals to higher courts.