Hierarchy of court in india
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaces the Criminal Procedure Code (CrPC), 1973, and brings procedural reforms while maintaining the existing judicial hierarchy in India. The Indian judicial system follows a well-defined structure that ensures justice is delivered efficiently at different levels. The hierarchy of courts dealing with criminal cases under BNSS is as follows:
1. Supreme Court of India
The Supreme Court is the highest judicial authority in India and is established under Article 124 of the Indian Constitution.
It has original jurisdiction in disputes between the Union and the States and in matters related to the enforcement of fundamental rights under Article 32.
It also has appellate jurisdiction in criminal cases where a significant constitutional or legal interpretation is needed.
The Supreme Court can hear appeals against High Court decisions involving the death penalty or other severe punishments.
It also exercises advisory jurisdiction when the President of India seeks its opinion under Article 143.
2. High Courts
Established under Article 214, High Courts function as the highest judicial authority in a state or a group of states.
They have both original and appellate jurisdiction in civil and criminal matters.
High Courts oversee the administration of Subordinate Courts, ensuring that justice is delivered effectively.
Under Article 226, High Courts can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto for enforcement of fundamental rights.
High Courts handle appeals from Sessions Courts in serious criminal cases.
3. Sessions Court (District & Sessions Judge)
The District and Sessions Court is the highest criminal court at the district level.
It is presided over by a Sessions Judge, appointed by the High Court.
It has the authority to try serious criminal cases, including murder, rape, and terrorism-related offenses.
The Sessions Court can impose the death penalty or life imprisonment, but the death sentence must be confirmed by the High Court before execution.
Appeals from lower criminal courts are heard here.
4. Chief Judicial Magistrate (CJM) & Additional Chief Judicial Magistrate (ACJM)
The Chief Judicial Magistrate (CJM) is responsible for overseeing criminal cases in a district and operates under the Sessions Judge’s supervision.
CJMs can impose sentences up to seven years of imprisonment.
Additional Chief Judicial Magistrates (ACJM) assist in handling a heavy caseload and have similar powers to the CJM.
5. Judicial Magistrate First Class (JMFC)
Judicial Magistrates First Class (JMFC) are empowered to try cases where the prescribed punishment does not exceed three years of imprisonment or a fine.
These courts deal with less serious offenses such as theft, cheating, and simple assault.
They function under the supervision of the CJM.
6. Judicial Magistrate Second Class
These courts handle minor criminal cases where the maximum punishment is up to one year of imprisonment or a small fine.
They deal with offenses like public nuisance, trespassing, and simple hurt cases.
Their judgments can be appealed before Judicial Magistrate First Class or Chief Judicial Magistrate.
7. Executive Magistrates
Unlike Judicial Magistrates, Executive Magistrates are appointed by the government for administrative functions.
They handle matters related to preventive measures, public order, and issuing orders under Section 144 BNSS (formerly under CrPC).
They deal with cases of unlawful assemblies, public nuisance, and minor disturbances.
Key Changes Introduced by BNSS, 2023
Although the court hierarchy remains the same, BNSS introduces several procedural reforms to enhance the efficiency of the criminal justice system:
1. Speedy Justice:
Introduction of electronic filing (e-FIRs) and digitization of court records.
Witness examination through video conferencing to reduce delays.
Time-bound trials with provisions for faster disposal of cases.
2. Victim Rights and Witness Protection:
BNSS strengthens witness protection mechanisms to prevent intimidation.
It ensures victims’ rights and allows them greater participation in legal proceedings.
3. Use of Technology:
Digital submission of evidence.
AI-based tools for case tracking.
4. Changes in Investigation Process:
Police officers are required to complete investigations within 90 days, extendable by 180 days in special cases.Summary trials for petty offenses to reduce case backlog.
Conclusion
The Indian judicial system follows a hierarchical structure to ensure justice is administered at different levels based on the severity of cases. While BNSS, 2023 does not change this hierarchy, it introduces significant procedural reforms aimed at speeding up trials, protecting witnesses, and integrating technology. The structured approach ensures that all cases minor or serious are adjudicated effectively, maintaining justice and fairness in the legal system.