Powers of criminal courts. Hierarchy, Functions & Powers Of Courts In India 2019-01-24

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Essay on the Criminal Courts of India (1222 Words)

powers of criminal courts

To be a High Court judge, one should have the qualifications and fulfill conditions as mentioned in Article 217. More Resources Access essential accompanying documents and information for this legislation item from this tab. Any sentence of imprisonment, not exceeding three years, or of fine not exceeding Rs. Supreme Court to review a decision of the U. The Code also contemplates that each sessions division district shall have one of the Judicial Magistrates of First Class as the Chief Judicial Magistrate of the division. The Sessions Judge is the highest judicial authority in a District. In certain cases, Assistant Sessions Judges are also appointed to work in the Sessions Court.

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Youth courts given new power to commit to Crown Court for sentence

powers of criminal courts

The court will be able to try cases involving states that have not ratified the treaty in two instances: non-party states can agree to accept the jurisdiction of the court for the purpose of a particular situation. There are a number of Judicial Magistrates of the second class as Special Judicial Magistrates functioning under the Chief Judicial Magistrate for the administration of criminal justice in the Division. Hence, there is an establishment of a single integrated judicial system for the whole of India. The Supreme Court also has writ jurisdiction for the enforcement of fundamental rights. The Sessions Judge is the highest judicial authority in a District. Details The amendment extends the power to commit to the Crown Court for sentence whenever a child or young person is convicted of a grave crime. Such person or juvenile exempted from punishment of death or imprisonment for life.

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What are the powers and jurisdiction of the International Criminal Court?

powers of criminal courts

As every State is divided into Districts, these Districts are presided by a District and Sessions Judge. The Sessions Court exercises both original and appellate jurisdiction. One of the Executive Magistrates is appointed as the District Magistrate and all the Executive Magistrates except Additional District Magistrate are subordinate to him. Supreme Court is the final arbiter of federal constitutional questions. If the aggregate punishment for several offences exceeds the power of court to inflict the punishment for single offence.

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Hierarchy, Functions & Powers Of Courts In India

powers of criminal courts

Civil Judge Senior Division which have unlimited power to decide the civil matters of any pecuniary value and Civil Judge Junior Division known as Munsif which have limited power to decide the civil matters. Parties dissatisfied with the decision of the trial court may take their case to the intermediate Court of Appeals. These Magistrates belong to the executive branch of the Government and therefore, their appointment is not controlled by the High Court. Its decisions bind all courts in India. A magistrate of first class can pass a sentence of imprisonment for a term not exceeding three years and fine not exceeding Rs. The High Court has the power to issue certain writs to any person, authority or even the Government within its territorial jurisdiction for the enforcement of any of the rights conferred by Part in of the Constitution of India.

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Tax Law & Criminal Law Blog: The

powers of criminal courts

Before these changes, the power to commit for sentence under section 3B 1 had been available only where the child or young person was convicted of such an offence following a guilty plea at the outset. Under the District and Sessions Judge, there are Courts of civil and criminal jurisdiction i. The Court also has the power of superintendence over all subordinate courts and Tribunals situated within its territorial jurisdiction. Some are referred to as Circuit or District Courts. Consultation to the Governor in the matter of appointing, posting and promoting district judges shall be made. The court may also give several punishments. States also usually have courts that handle specific legal matters, e.

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Powers of Criminal Courts (Sentencing) Act 2000

powers of criminal courts

It must be stated that in the Code of Criminal Procedure, 1973, the provisions of the old Code relating to the Presidency Magistrates in the Presidency Towns of Bombay, Calcutta and Madras have been retained but in a different form. District Courts are empowered to control the subordinate courts belonging to the districts. The State Government can also appoint any Executive Magistrates to be an Additional District Magistrate who have powers of a District Magistrate. Parties have the option to ask the highest state court to hear the case. The Constitution and laws of each state establish the state courts. Only if imprisonment awarded, part of the substantive sentence as punishment for the offence.

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What are the Sentencing Powers of Various Criminal Courts in India?

powers of criminal courts

Imprisonment upto seven years, fine without limit. Such juvenile cases tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 60 of 1960 or also any other law for the time being in force providing for the treatment, training and also rehabilitation of youthful offenders. Subordination of Executive Magistrates All executive Magistrates, other than the Additional District Magistrate are subordinate to the District Magistrate and every Executive Magistrate exercising power in a sub-division should be subordinate to the Sub —Divisional Magistrate subject to the general control of the District Magistrate. Sessions Court is empowered to provide all sorts of punishments to criminals, which includes death penalty. It provides a single integrated system of Courts to administer both Union as well as State laws. No liability is accepted for the opinions contained in posts, or for any errors or omissions. Indian Legal System has Anglo-Saxon character of judiciary which is basically drawn from the British Legal System.


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Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

powers of criminal courts

The Sessions Judge or the Additional Sessions Judge is empowered to pass any sentence authorised by law but any sentence of death awarded by him must be confirmed by the High Court to which he is subordinate. In addition to the Judicial Magistrates, Executive Magistrates are also appointed by the State Government in each district. The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-Divisional Judicial Magistrate. Court of Claims, and the U. These Courts may be established by the State Government in consultation with the High Court of the respective State, at such places in every metropolitan area and in any number by issuing a notification. Court of International Trade may appeal to a U.

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Hierarchy, Functions & Powers Of Courts In India

powers of criminal courts

If only doubt arises about the successor-in-office. As Juvenile Justice Act, 1986 is now in force in the state of Andhra Pradesh, juvenile offenders, i. A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law, but any sentence of death passed by any such judge shall be subject to confirmation by the High Court. These Courts are set up by the State Government in consultation with the High Court. According to Section 26, any offence under the Indian Penal Code, 1860 may be tried by the High Court or the Court of Session or any other Court by which such offence is shown in the First Schedule to be triable, whereas any offence under any other law shall be tried by the Court mentioned in that law and if not mentioned, it may be tried by the High Court or any other Court by which such offence is shown in the First Schedule to be triable.

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