Constitution of Criminal Courts and Offices under CrPC (Section 6-25)

The Constitution of Criminal Courts and Offices (Sections 6-25) under the Criminal Procedure Code (CrPC) of 1973 outlines the structure and jurisdiction of criminal courts and various offices in India. Here's a breakdown of the relevant sections:

Section 6: Classes of Criminal Courts (आपराधिक न्यायालयों की श्रेणियाँ)

This section classifies the criminal courts in India into four categories:

  1. Court of Session (सत्र न्यायालय)
  2. Judicial Magistrates of the First Class and, in any metropolitan area, Metropolitan Magistrates (प्रथम श्रेणी के न्यायिक मजिस्ट्रेट और किसी भी महानगरीय क्षेत्र में महानगरीय मजिस्ट्रेट)
  3. Judicial Magistrates of the Second Class (द्वितीय श्रेणी के न्यायिक मजिस्ट्रेट)
  4. Executive Magistrates (कार्यकारी मजिस्ट्रेट)

Section 7: Territorial Divisions (भौगोलिक विभाजन)

Defines the territorial jurisdiction of the criminal courts:

  • Sessions Divisions and Districts (सत्र प्रभाग और जिले)
  • Metropolitan Areas (महानगरीय क्षेत्र)

Section 8: Metropolitan Areas (महानगरीय क्षेत्र)

Provides the criteria for classifying an area as a metropolitan area. In such areas, the jurisdiction of courts and the hierarchy differ slightly.

Section 9: Court of Session (सत्र न्यायालय)

Establishes that the State Government shall establish a Court of Session for every sessions division, and the High Court appoints a judge for this court.

Section 10: Subordination of Assistant Sessions Judges (सहायक सत्र न्यायाधीशों का अधीनस्थता)

States that Assistant Sessions Judges shall be subordinate to the Sessions Judge.

Section 11: Courts of Judicial Magistrates (न्यायिक मजिस्ट्रेटों की अदालतें)

Provides for the establishment of courts of Judicial Magistrates of the First and Second Class in every district.

Section 12: Chief Judicial Magistrate and Additional Chief Judicial Magistrates (मुख्य न्यायिक मजिस्ट्रेट और अतिरिक्त मुख्य न्यायिक मजिस्ट्रेट)

  • Every district shall have a Chief Judicial Magistrate (मुख्य न्यायिक मजिस्ट्रेट) and may have Additional Chief Judicial Magistrates (अतिरिक्त मुख्य न्यायिक मजिस्ट्रेट).

Section 13: Special Judicial Magistrates (विशेष न्यायिक मजिस्ट्रेट)

  • Allows the State Government to appoint Special Judicial Magistrates for specific cases or areas.

Section 14: Local Jurisdiction of Judicial Magistrates (न्यायिक मजिस्ट्रेटों की स्थानीय अधिकारिता)

This section describes how the local jurisdiction of Judicial Magistrates is determined by the High Court.

Section 15: Subordination of Judicial Magistrates (न्यायिक मजिस्ट्रेटों की अधीनस्थता)

Specifies that Judicial Magistrates are subordinate to the Chief Judicial Magistrate.

Section 16: Courts of Metropolitan Magistrates (महानगरीय मजिस्ट्रेटों की अदालतें)

Provides for the establishment of courts of Metropolitan Magistrates in metropolitan areas.

Section 17: Chief Metropolitan Magistrates and Additional Chief Metropolitan Magistrates (मुख्य महानगरीय मजिस्ट्रेट और अतिरिक्त मुख्य महानगरीय मजिस्ट्रेट)

States that every metropolitan area shall have a Chief Metropolitan Magistrate (मुख्य महानगरीय मजिस्ट्रेट) and may have Additional Chief Metropolitan Magistrates.

Section 18: Special Metropolitan Magistrates (विशेष महानगरीय मजिस्ट्रेट)

Enables the State Government to appoint Special Metropolitan Magistrates in metropolitan areas.

Section 19: Subordination of Metropolitan Magistrates (महानगरीय मजिस्ट्रेटों की अधीनस्थता)

Specifies that Metropolitan Magistrates are subordinate to the Chief Metropolitan Magistrate.

Section 20: Executive Magistrates (कार्यकारी मजिस्ट्रेट)

Allows the State Government to appoint Executive Magistrates, including a District Magistrate (जिला मजिस्ट्रेट) for each district.

Section 21: Special Executive Magistrates (विशेष कार्यकारी मजिस्ट्रेट)

The State Government can appoint Special Executive Magistrates for specific purposes or areas.

Section 22: Local Jurisdiction of Executive Magistrates (कार्यकारी मजिस्ट्रेटों की स्थानीय अधिकारिता)

Details the local jurisdiction of Executive Magistrates, which is determined by the State Government.

Section 23: Subordination of Executive Magistrates (कार्यकारी मजिस्ट्रेटों की अधीनस्थता)

Specifies that Executive Magistrates are subordinate to the District Magistrate.

Section 24: Public Prosecutors (लोक अभियोजक)

This section deals with the appointment of Public Prosecutors (लोक अभियोजक) and Additional Public Prosecutors for the High Courts and the district courts.

Section 25: Assistant Public Prosecutors (सहायक लोक अभियोजक)

Allows the State Government to appoint Assistant Public Prosecutors for conducting prosecutions in the courts of Magistrates.

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