Code:
Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—
(i) Courts of Session;
(ii) Judicial Magistrates of the first class;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.
Explanation
This section of the BNSS outlines the structure of the criminal court system in India. It clarifies that apart from the High Courts and specialized courts established by other laws, each state will have four primary types of criminal courts:
- Courts of Session
- Judicial Magistrates of the First Class
- Judicial Magistrates of the Second Class
- Executive Magistrates
Each type of court has a specific jurisdiction and power to try different offenses based on the severity of the crime.
Illustration:
Consider a hypothetical case where a person is accused of theft. Depending on the value of the stolen property, the case could be tried by different courts:
- If the value of the stolen property is high and the crime is serious, the case might be tried by a Court of Session.
- If the value is lower and the crime is less serious, the case could be tried by a Judicial Magistrate of the First Class.
Common Questions and Answers:
Q: What is the difference between a Judicial Magistrate and an Executive Magistrate?
A: Judicial Magistrates are specifically appointed to handle judicial matters and have the power to try cases. Executive Magistrates, on the other hand, are part of the executive branch. They primarily focus on administrative functions, though they may have limited judicial powers.
Q: What is the role of the Courts of Session?
A: Courts of Session are the highest criminal courts within a state. They are responsible for trying the most serious offenses. This includes those punishable with death or life imprisonment.
