‘Delhi Judicial System & Its Hierarchy’ on 18th March, 2021
Guest of Honour
Sh. Harjeet Singh Jaspal (Speaker) – Secretary Delhi Legal Services Authority (North)
Harshit Kiran (LLB Sem 4 student)
Welcome Address by
Honourable Dean, Dr K B Asthana
Lecture by :
Sh. Harjit Singh Jaspal on working of Delhi Courts
Rules provided by CrPC and CPC govern the hierarchy of Courts
The courts are divided into three categories with top court, middle court and lower court. The top court is named as the Supreme Court, while the middle court is named as High Court, and the lower court is named as District Court
There are also Special Courts like
• Juvenile Justice Board
• Maintenance Tribunal for Senior Citizens
• Consumer Courts
• POSCO Court
Below is the hierarchy of judiciary in India
HIERARCHY OF CRIMINAL COURTS
The Supreme Court of India – The Supreme Court Of India being the apex court of India was established under Article 124 of the Constitution of India.
The High Courts – Article 141 of the Constitution Of India governs the High Courts and the High Courts are bound by the judgment of the Apex Court.
Lower Courts of India have been classified as follows:
- Chief Metropolitan Magistrate
- First Class Metropolitan Magistrate
- Sessions Court
- First Class Judicial Magistrate
- Second Class Judicial Magistrate
- Executive Magistrate
Punishment that can be awarded by Courts
- Criminal Courts –Supreme Court and the High Court can give any punishment which is prescribed by law.
- CrPC doesn’t specific the quantum of fine that courts can give, but mentions it should be reasonable
- If Sessions Judge gives Death sentence (Capital Punishment), it has to be confirmed by High Court.
- Post confirmation only, appeal can be filed. First appeal in High Court and subsequently in Supreme Court.
- Lastly, mercy petition to the President against the death sentence.
- Below, is the detail of sentence and fine that can be awarded by various Criminal Courts.
- Sentences passed by the High Courts and Sessions Judges (Section 28):
- Any sentence which is authorised by law can be passed by the High Court.
- A Sessions or Additional Sessions Judge can pass any sentence authorised by law. But, while passing death sentence prior confirmation from High Court is required.
- An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.
- Sentences passed by the Magistrates(Section 29) –
- The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.The Judicial Magistrate of first class can pass a sentence of imprisonment for a term, less than three years, or a fine less than ten thousand rupees or both.
- The Judicial Magistrate of second class may pass a sentence of imprisonment for a term, less than one year, or a fine less than five thousand rupees or both.
- The Chief Metropolitan Magistrate has the same powers as that of a Chief Judicial Magistrate and of MM, in addition to the powers of the Magistrate of first class.
The session concluded with a question and answer round.
The Vote of Thanks was delivered by Dr. AnnuBahlMehra, Dy. Dean, MLS