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CODE OF CRIMINAL PROCEDURE

Classes of Criminal Courts:   Section 6

• Besides High Courts, there shall be these classes of Criminal Courts:
  • Courts of Session
  • Judicial Magistrates of first class
  • Judicial Magistrates of second class
  • Executive Magistrates
• In a metropolitan area:
  • Metropolitan Magistrates in place of Judicial Magistrates

Territorial divisions:   Section 7

• Every State
  • shall consist of sessions divisions
• Every sessions division
  • shall be a district or districts
• Every metropolitan area
  • shall be a separate sessions division

Metropolitan areas:   Section 8

• State Govt may declare
  • an area comprising a city or town whose population exceeds one million
  • to be a metropolitan area

Court of Session:   Section 9

• State Govt shall establish a Court of Session
  • for every sessions division
• Every Court of Session
  • shall be presided over by a Judge to be appointed by High Court
• High Court may also appoint
  • Additional Sessions Judges in a Court of Session

Courts of Judicial Magistrates:   Section 11

• In every district:
• there shall be established as many Courts
  • of Judicial Magistrates of first class and of Judicial Magistrates of second class
• as State Govt may specify after consultation with High Court
• Presiding officers of such Courts
  • shall be appointed by the High Court

Chief Judicial Magistrates:   Section 12

• In every district:
• High Court shall appoint
  • a Judicial Magistrate of first class to be the Chief Judicial Magistrate

Additional Chief Judicial Magistrates

• High Court may appoint
  • any Judicial Magistrate of first class to be an Additional Chief Judicial Magistrate
• Such Magistrate
  • shall have those powers of a Chief Judicial Magistrate as High Court may direct

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Jurisdiction of Judicial Magistrates:   Section 14

• Subject to control of High Court:
• Chief Judicial Magistrate may define
  • limits of areas within which Magistrates exercise their powers
• Jurisdiction and powers of every Magistrate
  • shall extend throughout the district except as otherwise provided by such definition

Subordination of Judicial Magistrates:   Section 15

• Every Chief Judicial Magistrate
  • shall be subordinate to the Sessions Judge
• Every other Judicial Magistrate
  • shall be subordinate to the Chief Judicial Magistrate, subject to general control of the Sessions Judge

Metropolitan Magistrates:   Section 16

• In every metropolitan area: There shall be established
  • as many Courts of Metropolitan Magistrates as State Govt may specify after consultation with High Court
• Presiding officers of such Courts
  • shall be appointed by the High Court
• Jurisdiction and powers of every Metropolitan Magistrate
  • shall extend throughout the metropolitan area

Chief Metropolitan Magistrates:   Section 17

• High Court shall appoint a Metropolitan Magistrate
  • to be the Chief Metropolitan Magistrate for every metropolitan area

Additional Chief Metropolitan Magistrates

• High Court may appoint any Metropolitan Magistrate
  • to be an Additional Chief Metropolitan Magistrate
• Such Magistrate
  • shall have those powers of a CMM as High Court may direct

Subordination of Metropolitan Magistrates:   Section 19

• Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
  • shall be subordinate to the Sessions Judge
• Every other Metropolitan Magistrate
  • shall be subordinate to the Chief Metropolitan Magistrate, subject to general control of the Sessions Judge

Executive Magistrates:   Section 20

• In every district and metropolitan area:
• State Govt may appoint as many persons as it thinks fit
  • to be Executive Magistrates
• It shall appoint one of them
  • to be the District Magistrate

Additional District Magistrates

• State Govt may appoint any Executive Magistrate
  • to be an Additional district Magistrate
• Such Magistrate
  • shall have those powers of a District Magistrate, as may be directed by State Govt

• On office of a District Magistrate becoming vacant:
• when any officer succeeds temporarily
  • to the executive administration of the district
• such officer shall have
  • powers and duties of the District Magistrate, pending orders of State Govt

Sub-divisional Magistrates

• State Govt may place an Executive Magistrate
  • in charge of a sub-division
• Magistrate so placed in charge of a sub-division
  • shall be called the Sub-divisional Magistrate
• This section does not preclude the State Govt
  • from conferring on a Commissioner of Police under any law in force
  • any powers of an Executive Magistrate in a metropolitan area

Subordination of Executive Magistrates:   Section 23

• All Executive Magistrates other than the Additional District Magistrate
  • shall be subordinate to the District Magistrate
• Every Executive Magistrate in a sub-division
  • shall also be subordinate to the Sub-divisional Magistrate, subject to general control of the District Magistrate
• District Magistrate may make rules or give special orders
  • as to distribution of business among Executive Magistrates subordinate to him and
  • as to allocation of business to the Additional District Magistrate

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