Criminal Procedure

Constitution and Hierarchy of Criminal Courts

Study the criminal court hierarchy under BNSS, including Sessions Courts, Judicial and Executive Magistrates, territorial divisions and subordination.

Written and reviewed by Advocate Aditya Sharma7 min read
BNSS Sections 6 to 17

The short answer

BNSS creates a graded criminal court structure tied to territorial divisions, appointment authority, local jurisdiction and separate judicial and executive chains.

The legal framework

BNSS creates a graded criminal court structure tied to territorial divisions, appointment authority, local jurisdiction and separate judicial and executive chains. Procedure is not a technical afterthought. It distributes coercive power, protects participation and creates a reliable path from information about crime to a lawful judicial outcome.

Classes of courts

Besides High Courts and courts under other laws, Section 6 lists Courts of Session, first-class and second-class Judicial Magistrates and Executive Magistrates.

Territorial structure

States are divided into sessions divisions, districts and sub-divisions. State alteration ordinarily follows consultation with the High Court.

Sessions and Magistrate courts

The State establishes courts, while the High Court appoints Sessions Judges and presiding Judicial Magistrates and controls judicial jurisdiction and business.

Application and safeguards

A strong procedural answer names the correct authority, checks jurisdiction, follows the statutory sequence and identifies the consequence of compliance or breach.

Judicial hierarchy

The Chief Judicial Magistrate is subordinate to the Sessions Judge; other Judicial Magistrates operate under the CJM, subject to general Sessions control.

Executive hierarchy

Executive Magistrates are appointed by the State and are subordinate to the District Magistrate through a distinct administrative chain.

Jurisdiction is not rank alone

A valid exercise requires the correct class of court, local area, case allocation and specific statutory power.

Leading cases and what they establish

Read each authority for the proposition it proves, the legal question it answers and the reasoning that supports the result.

A.R. Antulay v. R.S. Nayak

(1988) 2 SCC 602

Held: A criminal case must be tried by the court and procedure established by law, and judicial directions cannot remove a protected forum.

Why it matters: Use this authority to explain the controlling procedural safeguard in constitution and hierarchy of criminal courts.

Chandra Mohan v. State of Uttar Pradesh

AIR 1966 SC 1987

Held: Judicial independence requires separation of the subordinate judiciary from executive control in appointment and functioning.

Why it matters: Use this authority to explain the controlling procedural safeguard in constitution and hierarchy of criminal courts.

Using this topic in a legal answer

A clear answer sequence

  1. Identify the present procedural stage.
  2. Name the authority empowered to act.
  3. State the BNSS provision and statutory conditions.
  4. Apply the facts to each required step and safeguard.
  5. Conclude with the valid next step or available remedy.

Points that are often confused

  • Starting with the result instead of identifying the procedural stage.
  • Using an old CrPC section number without checking the current BNSS text.
  • Assuming every procedural defect automatically ends the prosecution.
Open the revision and self-check sheet

Rules to retain

  • BNSS creates a graded criminal court structure tied to territorial divisions, appointment authority, local jurisdiction and separate judicial and executive chains.
  • Besides High Courts and courts under other laws, Section 6 lists Courts of Session, first-class and second-class Judicial Magistrates and Executive Magistrates.
  • States are divided into sessions divisions, districts and sub-divisions. State alteration ordinarily follows consultation with the High Court.
  • The Chief Judicial Magistrate is subordinate to the Sessions Judge; other Judicial Magistrates operate under the CJM, subject to general Sessions control.
  • Always separate statutory power from the manner in which that power must be exercised.

Questions to test understanding

  1. Which BNSS provision controls constitution and hierarchy of criminal courts?
  2. Who is empowered to act and what must be recorded?
  3. What remedy follows if the required process is refused or breached?

Questions students ask

Can older CrPC judgments still be used after BNSS?

Yes, where the corresponding BNSS language and principle remain materially similar. Current BNSS wording controls whenever it introduces a new condition, timeline, electronic process or remedy.

Does every breach of criminal procedure invalidate the case?

No. The consequence depends on whether the rule is mandatory, the remedy stated by BNSS and whether the defect caused prejudice or a failure of justice.

Primary sources and further reading

This article is written for legal education. Verify the governing provision, applicable amendments and complete judgment before relying on a proposition in practice.

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