Section 6 CrPC: Classes of Criminal Courts

Chapter II

Classes of Courts, Court Hierarchy, Courts of Session, Criminal Courts, CRPC, Executive Magistrates, Judicial Magistrates, jurisdiction, Magistrates, Metropolitan Magistrates

New Law Update (2024)

Section 6 BNSS

TRIAL COURT

Punishment

Procedural / Administrative

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) Courts of Session;
(2) Judicial Magistrate of the first class and, in any Metropolitan area, Metropolitan Magistrate;
(3) Judicial Magistrate of the second class; and
(4) Executive Magistrates.

Important Sub-Sections Explained

Section 6(2) CrPC

This sub-section outlines the Judicial Magistrates of the first class and Metropolitan Magistrates in metropolitan areas, who are the primary judicial authorities for trying most criminal offences and handling initial investigative stages like remand.

Section 6(4) CrPC

This sub-section specifies Executive Magistrates, whose functions are primarily administrative, focused on maintaining law and order, preventing public nuisance, and other executive duties, distinct from the judicial trial of criminal cases.

Landmark Judgements

State of U.P. v. Krishna Lal (1987):

The Supreme Court clarified the distinct administrative control over Judicial Magistrates (by the High Court) and Executive Magistrates (by the State Government), reinforcing the constitutional separation of powers between the judiciary and the executive, which is fundamental to the classification of courts.

S. Kasi v. State Through The Secretary, Department of Home, Tamil Nadu (2020):

While discussing the powers of Magistrates concerning remand, the Supreme Court reiterated the critical and independent role of a Magistrate as a guardian of liberty, emphasizing the necessity of applying a judicial mind to police reports, thereby underlining the essential function of Judicial Magistrates within the established court classes.

Chapter II