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.
Quick 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.
Landmark cases
Learn the facts, the rule and why the case matters. The citation alone will not strengthen an answer.
A.R. Antulay v. R.S. Nayak
(1988) 2 SCC 602Held: A criminal case must be tried by the court and procedure established by law, and judicial directions cannot remove a protected forum.
Use in an answer: 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 1987Held: Judicial independence requires separation of the subordinate judiciary from executive control in appointment and functioning.
Use in an answer: Use this authority to explain the controlling procedural safeguard in constitution and hierarchy of criminal courts.
How to write this answer in an exam
- Identify the present procedural stage.
- Name the authority empowered to act.
- State the BNSS provision and statutory conditions.
- Apply the facts to each required step and safeguard.
- Conclude with the valid next step or available remedy.
Quick revision
- 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.
Test yourself
- Which BNSS provision controls constitution and hierarchy of criminal courts?
- Who is empowered to act and what must be recorded?
- What remedy follows if the required process is refused or breached?
Frequently asked questions
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.