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History & Civics

Present day Criminal Courts in every district usually have a three-tier structure. In this context describe:

(a) Organisation of the Sessions Court

(b) Organisation of the Court of the Chief Judicial Magistrate

Subordinate Courts

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Answer

(a) The highest criminal court of the district is the Court of Sessions Judge.

  1. Usually it is presided over by the District Judge, who is therefore called the District and Sessions Judge.
  2. It is in the Sessions Court that more serious offences such as robbery, dacoities and murder are tried.
  3. The Sessions or Additional Sessions Judge alone can award death sentences or life imprisonment.
  4. Whether there is an appeal by the convict or not, a sentence of death must be confirmed by the High Court before it is carried out.
  5. The Sessions Judge hears appeals against the judgement of the Chief Metropolitan Magistrate or Chief Judicial Magistrate.
  6. All persons convicted by Sessions Courts are permitted to appeal to the High Court.

(b) The Chief Metropolitan or Chief Judicial Magistrate, the First Class Judicial Magistrate and the Second Class Judicial Magistrate work under the Sessions Judge.

  1. The Chief Metropolitan or Chief Judicial Magistrate is not competent to pass a sentence of death or of imprisonment for life.
  2. He can pass a sentence of imprisonment only up to seven years.
  3. A First Class judicial Magistrate is empowered to pass a sentence of imprisonment upto 3 years.
  4. A Second Class Magistrate can pass a sentence of imprisonment upto 2 years.

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