S.6 BNSS establishes the hierarchy of criminal courts in India. The classification determines which court tries which offence, the sentencing power of each court, and the appellate chain. Every criminal proceeding must be before a court of competent jurisdiction; proceedings before an incompetent court are void.
Legal Framework
| Provision | Subject |
|---|---|
| S.6 BNSS (formerly S.6 CrPC) | Classes of criminal courts |
| S.7 BNSS | Territorial divisions |
| S.8 BNSS (formerly S.9 CrPC) | Court of Session |
| S.9 BNSS (formerly S.11 CrPC) | Courts of Magistrates |
| S.10 BNSS (formerly S.12 CrPC) | Chief Judicial Magistrate and Additional CJM |
| S.11 BNSS (formerly S.14 CrPC) | Special Judicial Magistrates |
| S.12 BNSS (formerly S.16 CrPC) | Local jurisdiction of Judicial Magistrates |
| S.13 BNSS (formerly S.17 CrPC) | Subordination of Magistrates |
Why: A rigid hierarchy ensures that the gravity of the offence matches the competence and sentencing power of the court. This prevents both excessive punishment by lower courts and trivialization of serious offences.
Hierarchy of Criminal Courts (S.6)
| Court | Established Under |
|---|---|
| Supreme Court | Constitution (Art.124) |
| High Court | Constitution (Art.214), S.6(i) |
| Court of Session | S.6(ii), S.8 |
| Judicial Magistrate First Class | S.6(iii), S.9 |
| Judicial Magistrate Second Class | S.6(iv), S.9 |
| Executive Magistrate | S.6(v) |
Court of Session (S.8)
| Feature | Detail |
|---|---|
| Establishment | State Government establishes for every sessions division |
| Presided by | Sessions Judge |
| Additional judges | Additional Sessions Judge, Assistant Sessions Judge |
| Appointment | High Court appoints Sessions Judge |
| Trial power | Offences punishable with death, life imprisonment, or 7+ years |
| Sentencing power | Any sentence authorized by law, including death |
| Committal | Cases committed by Magistrate under S.232 BNSS |
Judicial Magistrate First Class (JMFC)
| Feature | Detail |
|---|---|
| Appointment | High Court |
| Maximum sentence | 3 years imprisonment, or fine up to Rs.10,000, or both |
| Tries | Warrant cases and summons cases within sentencing limit |
| Additional powers | Can be granted ACJM powers by High Court |
Judicial Magistrate Second Class (JMSC)
| Feature | Detail |
|---|---|
| Appointment | High Court |
| Maximum sentence | 1 year imprisonment, or fine up to Rs.5,000, or both |
| Tries | Summons cases and prescribed summary trial offences |
Chief Judicial Magistrate (CJM) (S.10)
| Feature | Detail |
|---|---|
| Position | Head of Magistracy in a district |
| Appointment | High Court |
| Maximum sentence | 7 years imprisonment (any fine) |
| Powers | Supervisory over all JMs in district |
| Additional CJM | Same powers as CJM; appointed by High Court |
Executive Magistrate
| Feature | Detail |
|---|---|
| Appointment | State Government |
| Function | Preventive (not trial) |
| Powers | S.125-143 BNSS (security/peace), S.163 BNSS (dispersal of unlawful assembly) |
| Cannot | Conduct trial, pass sentence |
Sentencing Powers Summary
| Court | Maximum Imprisonment | Maximum Fine |
|---|---|---|
| Sessions Judge | Death / Life / Any term | Unlimited |
| Additional Sessions Judge | Death / Life / Any term | Unlimited |
| Assistant Sessions Judge | 10 years | Unlimited |
| CJM / ACJM | 7 years | Unlimited |
| JMFC | 3 years | Rs.10,000 |
| JMSC | 1 year | Rs.5,000 |
Illustrations
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The court hierarchy as a hospital analogy: JMSC (max 1 year) is like a general physician handles minor cases: petty theft, simple hurt. JMFC (max 3 years) is the specialist handles moderate cases: cheating, criminal breach of trust. CJM (max 7 years) is the senior consultant handles serious cases: dacoity, grievous hurt. Sessions Court (death/life/unlimited) is the super-specialist handles the gravest cases: murder, terrorism. You would not send a murder case to a JMSC because the court simply does not have the power to impose the appropriate sentence.
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Sentencing limit breach: Magistrate Verma (JMFC) convicts Raju for theft under S.303 BNS (max 3 years). Verma feels Raju deserves 5 years given his repeat offending. But Verma's sentencing ceiling is 3 years. If Verma wants a higher sentence, the correct course is to commit the case to the Court of Session under S.232 BNSS for sentencing. A sentence beyond the court's jurisdiction is illegal even if the conviction is correct.
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Executive vs. Judicial Magistrate: A mob gathers outside a factory during a strike. The Executive Magistrate orders dispersal under S.163 BNSS (preventive power). Later, one striker is charged with rioting. The Executive Magistrate cannot try that case trial is a judicial function. It goes before the JMFC or CJM. Same Magistrate title, entirely different powers: one prevents disorder, the other adjudicates guilt.
Recall Check
- What is the maximum sentence a JMFC can impose?
- Which court alone can award the death sentence as an original court of trial?
- What is the distinction between Executive Magistrates and Judicial Magistrates in terms of trial power?
Key Cases
Anwar Ali Sarkar v. State of West Bengal (1952) Anwar-Ali-Sarkar-v-State-of-WB-1952 Issue: Whether creation of special courts bypassing ordinary criminal courts violates Art.14. Rule: Equal protection under Art.14 requires reasonable classification with nexus to the object of the law. Held: Directing trial of specific cases by special courts without intelligible differentia violates Art.14. Criminal courts hierarchy must be applied uniformly unless special legislation provides rational basis for exception.
Distinctions
| Parameter | Court of Session | Magistrate Court |
|---|---|---|
| Cases tried | Most serious offences (death, life, 7+ years) | Less serious offences (within sentencing limits) |
| Initiation | Committal by Magistrate (S.232 BNSS) | Direct cognizance or complaint |
| Presided by | Sessions Judge (district cadre) | JM First/Second Class |
| Jury | Abolished (1973) | Never existed at this level |
| Death sentence | Can impose (subject to HC confirmation) | Cannot impose |
| Appeal lies to | High Court | Court of Session |
Flashcards
Q: Under S.6 BNSS, list the hierarchy of criminal courts. A: High Court, Court of Session, JMFC, JMSC, Executive Magistrate.
Q: What is the maximum sentence a CJM can impose? A: 7 years imprisonment and any fine.
Q: Who appoints the Sessions Judge? A: The High Court.
Q: What is the maximum imprisonment a JMSC can impose? A: 1 year.
Q: Can an Executive Magistrate conduct a trial? A: No. Executive Magistrates handle preventive and administrative functions only.
Q: How does a case reach the Court of Session? A: Through committal by a Magistrate under S.232 BNSS (formerly S.209 CrPC).
Q: What is the sentencing power of an Assistant Sessions Judge? A: Up to 10 years imprisonment (cannot impose death or life imprisonment without referring to Sessions Judge).
Exam Scenario
A Judicial Magistrate First Class convicts an accused of theft (S.303 BNS, punishable with up to 3 years) and sentences him to 4 years imprisonment. The accused appeals. Advise.
The sentence is illegal. Under BNSS, a JMFC can impose a maximum sentence of 3 years imprisonment. A sentence of 4 years exceeds the court's sentencing jurisdiction. The appellate court (Court of Session) must set aside the sentence as without jurisdiction. The conviction may stand if supported by evidence, but the sentence must be reduced to within the JMFC's competence (maximum 3 years). Alternatively, if the Magistrate believed a higher sentence was warranted, the correct course was to commit the case to the Court of Session under S.232 BNSS for appropriate sentencing.