List of High Courts of India
|Law of India|
There are 24 High Courts at the state and union territory level of India which, together with the Supreme Court of India at the national level, comprise the country’s judicial system. Each High Court has jurisdiction over a state, a union territory or a group of states and union territories. Below the High Courts is a hierarchy of subordinate courts such as the civil courts, family courts, criminal courts and various other district courts. High Courts are instituted as constitutional courts under Part VI, Chapter V, Article 214 of theIndian Constitution. The High Courts are the principal civil courts of original jurisdiction in each state and union territory. However, a High Court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters if so designated specifically in a state or federal law.
However, the work of most High Courts primarily consists of appeals from lower courts and writ petitions in terms of Article 226 of the constitution. Writ jurisdiction is also original jurisdiction of High Court. The precise territorial jurisdiction of each High Court varies. The appeal order is the following: tehsil-kotwali-criminal/civil courts – district – high court – supreme court.
Each state is divided into judicial districts presided over by a District and Sessions Judge. He is known as a District Judge when he presides over a civil case, and a Sessions Judge when he presides over a criminal case. He is the highest judicial authority below a High Court judge. Below him, there are courts of civil jurisdiction, known by different names in different states. Under Article 141 of the Constitution, all courts in India (which includes High Courts) are bound by the judgments and orders of the Supreme Court of India by precedence.
Judges in a High Court are appointed by the President of India in consultation with the Chief Justice of India and the governor of the state. High Courts are headed by a Chief Justice. The Chief Justices are ranked fourteenth (in their state) and seventeenth (outside their state) in the Indian order of precedence. The number of judges in a court is decided by dividing the average institution of main cases during the last five years by the national average, or the average rate of disposal of main cases per judge per year in that High Court, whichever is higher.
The Calcutta High Court is the oldest High Court in the country, established on 2 July 1862. High Courts that handle a large number of cases of a particular region have permanent benches established there. Benches are also present in states which come under the jurisdiction of a court outside its territorial limits. Smaller states with few cases may have circuit benches established. Circuit benches (known as circuit courts in some parts of the world) are temporary courts which hold proceedings for a few selected months in a year. Thus cases built up during this interim period are judged when the circuit court is in session. According to a study conducted by Bengaluru-based NGO Daksh on 21 high courts in collaboration with Ministry of Law and Justice (India) in March 2016, it was found that average pendency of a case in High courts in India is 3 years.
- 1High Courts
- 2High Courts by States/Union Territories
- 3Courts under High Court
The Madras High Court in Chennai, Bombay High Court in Mumbai, Calcutta High Court in Kolkata and Allahabad High Court in Allahabad are the oldest four High Courts in India.
The following are the 24 High Courts of India sorted by name, year established, Act by which it was established, jurisdiction, headquarters, benches, the maximum number of judges sanctioned and the presiding Chief Justice of the High Court.
|Court name||Established||Act established||Jurisdiction||Seat||Benches||Judges||Chief Justice|
|Allahabad High Court||11 June 1866||Indian High Courts Act 1861||Uttar Pradesh||Allahabad||Lucknow||95||Hon’ble Justice Dhananjaya Y. Chandrachud|
|Bombay High Court||14 August 1862||Indian High Courts Act 1861||Maharashtra, Goa,Dadra and Nagar Haveli,Daman and Diu||Mumbai||Aurangabad,Nagpur,Panaji||60||Hon’ble Justice Dhirendra Hiralal Waghela|
|Calcutta High Court||2 July 1862||Indian High Courts Act 1861||West Bengal, Andaman and Nicobar Islands||Kolkata||Port Blair||63||Hon’ble Justice Manjula Chellur|
|Chhattisgarh High Court||1 November 2000||Madhya Pradesh Reorganisation Act, 2000||Chhattisgarh||Bilaspur||12||Hon’ble Justice Navin Sinha (Acting)|
|Delhi High Court||31 October 1966||Delhi High Court Act, 1966||National Capital Territory of Delhi||New Delhi||43||Hon’ble Justice G. Rohini|
|Gauhati High Court||1 March 1948||Government of India Act, 1935||Arunachal Pradesh,Assam, Nagaland,Mizoram||Guwahati||Aizwal,Itanagar,Kohima||27||Hon’ble Justice K. Sreedhar Rao(Acting)|
|Gujarat High Court||1 May 1960||Bombay Reorgansisation Act, 1960||Gujarat||Ahmedabad||42||Hon’ble Justice Jayant .M. Patel(Acting)|
|High Court of Judicature at Hyderabad||5 July 1954||Andhra State Act, 1953||Andhra Pradesh,Telangana||Hyderabad||49||Hon’ble Justice Dilip Babasaheb Bhosale (Acting)|
|Himachal Pradesh High Court||1971||State of Himachal Pradesh Act, 1970||Himachal Pradesh||Shimla||09||Hon’ble Justice Mansoor Ahmad Mir|
|Jammu and Kashmir High Court||28 August 1943||Letters Patent issued by thenMaharaja of Kashmir||Jammu and Kashmir||Srinagar/Jammu||14||Hon’ble Justice N. Paul Vasanthakumar|
|Jharkhand High Court||15 November 2000||Bihar Reorganisation Act, 2000||Jharkhand||Ranchi||12||Hon’ble Justice Virender Singh|
|Karnataka High Court||1884||Mysore High Court Act, 1884||Karnataka||Bengaluru||Dharwad,Gulbarga||40||Hon’ble Justice Subhro Kamal Mukhergee (Acting)|
|Kerala High Court||1956||States Reorganisation Act, 1956||Kerala, Lakshadweep||Kochi||40||Hon’ble Justice Ashok Bhushan(Acting)|
|Madhya Pradesh High Court||2 January 1936||Government of India Act, 1935||Madhya Pradesh||Jabalpur||Gwalior,Indore||42||Hon’ble Justice Ajay M. Khanwilkar|
|Madras High Court||15 August 1862||Indian High Courts Act 1861||Tamil Nadu, Puducherry||Chennai||Madurai||42||Hon’ble Justice Sanjay Kishan Kaul|
|Manipur High Court||25 March 2013||North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012||Manipur,||Imphal||03||Hon’ble Justice L. K. Mohapatra|
|Meghalaya High Court||25 March 2013||North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012||Meghalaya,||Shillong||03||Hon’ble Justice Uma Nath Singh|
|Odisha High Court||3 April 1948||Orissa High Court Order, 1948||Odisha||Cuttack||27||Hon’ble Justice Vineet Saran|
|Patna High Court||2 September 1916||Government of India Act, 1915||Bihar||Patna||43||Hon’ble Justice Iqbal Ahmed Ansari|
|Punjab and Haryana High Court||21 March 1919||High Court (Punjab) Order, 1947||Punjab, Haryana,Chandigarh||Chandigarh||53||Hon’ble Justice Shiavax Jal Vazifdar(Acting)|
|Rajasthan High Court||21 June 1949||Rajasthan High Court Ordinance, 1949||Rajasthan||Jodhpur||Jaipur||40||Hon’ble Justice Ajit Singh (Acting)|
|Sikkim High Court||16 May 1975||The 36th Amendment to the Indian Constitution||Sikkim||Gangtok||03||Hon’ble Justice Sunil Kumar Sinha|
|Tripura High Court||26 March 2013||North-Eastern Areas (Reorganisation) and Other Related Laws (Amendment) Act, 2012||Tripura||Agartala||04||Hon’ble Justice Deepak Gupta|
|Uttarakhand High Court||9 November 2000||Uttar Pradesh Reorganisation Act, 2000||Uttarakhand||Nainital||09||Hon’ble Justice K. M. Joseph|
High Courts by States/Union Territories
The Bombay High Court in Mumbai, one of the first four High Courts of India
The Calcutta High Court in Kolkata, one of the first four High Courts of India
The Allahabad High Court in Allahabad, one of the first four High Courts of India
The Karnataka High Court in Bengaluru
The Gujarat High Courtin Ahmedabad
The High Court of Judicature at Hyderabadin Hyderabad
A working day view of The Kerala High Court inKochi
|State or UT||Court||Principal Seat/(Bench having jurisdiction of the State)|
|Andaman and Nicobar Islands||Calcutta High Court||Kolkata (Bench at Port Blair)|
|Arunachal Pradesh||Gauhati High Court||Guwahati (Bench at Itanagar)|
|Andhra Pradesh||High Court of Judicature at Hyderabad||Hyderabad|
|Assam||Gauhati High Court||Guwahati|
|Bihar||Patna High Court||Patna|
|Chhattisgarh||Chhattisgarh High Court||Bilaspur|
|Chandigarh||Punjab and Haryana High Court||Chandigarh|
|Dadra and Nagar Haveli||Bombay High Court||Mumbai|
|Daman and Diu||Bombay High Court||Mumbai|
|National Capital Territory of Delhi||Delhi High Court||New Delhi|
|Goa||Bombay High Court||Mumbai (Bench at Panaji)|
|Gujarat||Gujarat High Court||Ahmedabad|
|Haryana||Punjab and Haryana High Court||Chandigarh|
|Himachal Pradesh||Himachal Pradesh High Court||Shimla|
|Jammu and Kashmir||Jammu and Kashmir High Court||Srinagar/Jammu|
|Jharkhand||Jharkhand High Court||Ranchi|
|Karnataka||Karnataka High Court||Bengaluru (Bench at Dharwad and Gulbarga)|
|Kerala||Kerala High Court||Kochi|
|Lakshadweep||Kerala High Court||Kochi|
|Madhya Pradesh||Madhya Pradesh High Court||Jabalpur (Bench at Gwalior and Indore)|
|Maharashtra||Bombay High Court||Mumbai (Bench at Aurangabad and Nagpur)|
|Manipur||Manipur High Court||Imphal|
|Meghalaya||Meghalaya High Court||Shillong|
|Mizoram||Gauhati High Court||Guwahati (Bench at Aizawl)|
|Nagaland||Gauhati High Court||Guwahati (Bench at Kohima)|
|Odisha||Odisha High Court||Cuttack|
|Puducherry||Madras High Court||Chennai|
|Punjab||Punjab and Haryana High Court||Chandigarh|
|Rajasthan||Rajasthan High Court||Jodhpur (Bench at Jaipur)|
|Sikkim||Sikkim High Court||Gangtok|
|Tamil Nadu||Madras High Court||Chennai (Bench at Madurai)|
|Telangana||High Court of Judicature at Hyderabad||Hyderabad|
|Tripura||Tripura High Court||Agartala|
|Uttarakhand||Uttarakhand High Court||Nainital|
|Uttar Pradesh||Allahabad High Court||Allahabad (Bench at Lucknow)|
|West Bengal||Calcutta High Court||Kolkata|
Courts under High Court
District Courts of India
- District Munsiff Court
- Courts of Judicial Magistrate of First Class
- Courts of Judicial Magistrate of Second Class
District Courts of India
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|Judiciary of India|
|Law of India|
The District Courts (Hindi: जिला न्यायालय) of India are the district courts of the State governments in India for every district or for one or more districts together taking into account the number of cases, population distribution in the district. They administer justice in India at a district level. These courts are under administrative control of the High Court of the State to which the district concerned belongs. The decisions of District court is subject to the appellate jurisdiction of the High court.
- 1Composition of District courts
- 2Appointment and removal
- 4State-wise District Courts
Composition of District courts
A court complex at Guntur.
The highest court in each district is that of the District and Sessions Judge. This is the principal court of original civil jurisdiction besides High Court of the State and which derives its jurisdiction in civil matters primarily from the code of civil procedure. The district court is also a court of Sessions when it exercises its jurisdiction on criminal matters under Code of Criminal procedure. The district court is presided over by one District Judge appointed by the state Government. In addition to the district judge there may be number of Additional District Judges and Assistant District Judges depending on the workload. The Additional District Judge and the court presided have equivalent jurisdiction as the District Judge and his district court. However, the district judge has supervisory control over Additional and Assistant District Judges, including decisions on allocation of work among them. The District and Sessions judge is often referred to as “district judge” when he presides over civil matters and “sessions judge” when he presides over criminal matters. Being the highest judge at district level, the District Judge also enjoys the power to manage the state funds allocated for the development of judiciary in the district.
The district judge is also called “Metropolitan session judge” when he is presiding over a district court in a city which is designated “Metropolitan area” by the state Government. Other courts subordinated to district court in the Metropolitan area are also referred to with “metropolitan” prefixed to the usual designation. An area is designated a metropolitan area by the concerned state Government if population of the area exceeds one million or more than that.
Appointment and removal
The judges of subordinate courts are appointed by the Governor in consultation with the Chief Justice of the High Court of the concerned State. A minimum of seven years of practise as a lawyer at bar is a necessary qualification. Upon a written examination and oral interview by a committee of High court judges, the appointment of district judges is notified by the state Government. This is referred to as direct recruitment. District judges are also appointed by way of elevation of judges from courts subordinate to district courts provided they fulfill the minimum years of service.
The next level of ascendancy for a district judge who served sufficient number of years is the post of High court judge. High court Judges are usually appointed from a pool of advocates practising at the Bar of the High court and District Judges who served for sufficient number of years.
A district judge or Additional judge may be removed from his office by the state Government in consultation with the High court. By virtue of his office a district judge often occupies privileged position in the district alongside administrative heads of the district like the collector.
The District Court or Additional District court exercises jurisdiction both on original side and appellate side in civil and criminal matters arising in the District. The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. On the criminal side, jurisdiction is exclusively derived from thecriminal procedure code. As per this code the maximum sentence a Sessions Judge of district court may award to a convict is capital punishment.
The district court has appellate jurisdiction over all subordinate courts situated in the district on both civil and criminal matters. Subordinate courts, on the civil side (in ascending order) are, Junior Civil Judge Court, Principal Junior Civil Judge Court, Senior Civil Judge Court (also called sub-court). Subordinate courts, on the criminal side (in ascending order) are, Second Class Judicial Magistrate Court, First Class Judicial Magistrate Court, Chief Judicial Magistrate Court.
Certain matters on criminal side or civil side cannot be tried by a lesser court than a district court. This gives the District Court original jurisdiction in such matters.
Appeals from the district courts lie to the High Court of the concerned state.
List of district courts of India
There are total 600 District courts in India. The incomplete list of District courts in India is as follows.
- 2Union territories
Andhra Pradesh (23)
- Bilaspur, Chhattisgarh
Madhya Pradesh (48)
- Mumbai (Bandra)
Uttar Pradesh (70)
Tamil Nadu (29)
- Sawai Madhopur
- Sri Ganganagar
- Banaskantha (Palanpur)
West Bengal (23)
Dadra and Nagar Haveli (1)
Daman and Diu (2)
District Munsiff Court
District Munsiff Court (alternate spelling District Munsif Court) is the court of the lowest order handling matters pertaining to civil matters in India. Usually it is controlled by theDistrict Court of the respective district. The District Munsif Court is authorised to try matters pertaining to certain pecuniary limits. The State Government notifies the pecuniary limits for the District Munsiff Courts.The current pecuniary limits are from Rs.1000 up to Rs.5000.
The appeal against these courts lie before the Subordinate Courts which are one rank superior to the District Munsiff Courts but are inferior to the District court. The State Government’s Gazette notification prescribes the territorial jurisdiction of the District Munsiff Court. Usually, a District Munsiff Court will have four to seven firkas over which they can decide the disputes. A District Munsiff is the judge and presiding officer of the District Munsiff Court.
From Wikipedia, the free encyclopedia
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|Criminal trials and convictions|
|Rights of the accused|
|· Fair trial
· Speedy trial
· Jury trial
· Presumption of innocence
· Exclusionary rule
· Double jeopardy
· Not proven
· Directed verdict
· Dangerous offender
· Capital punishment
· Execution warrant
· Cruel and unusual punishment
· Life imprisonment
· Indefinite imprisonment
· Life licence
· Miscarriage of justice
· Sex offender registration
· Sexually violent predator legislation
|Related areas of law|
|· Criminal defenses
· Criminal law
· Civil procedure
· Criminal justice
|· US courts
· Not in English/Welsh courts
· Scottish courts
· English/Welsh courts
· Canadian courts
· UK courts
A Sessions Court is a court of law which exists in several Commonwealth countries.
|Judiciary of India|
|Law of India|
District court is referred to as sessions court when it exercises its jurisdiction on criminal matters under Code of Criminal procedure (CrPc)
As per section 9 of CrPc, the court is established by the State Government for every sessions division. The court is presided over by a Judge, appointed by the High Court of that particular state. The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges in this court. In Indian cities, the Sessions Court is responsible for adjudicating matters related to criminal cases. The court is responsible for cases relating to murders, theft, dacoity, pick-pocketing and other such cases.
In Mumbai (Bombay) there are three courts, the main one being in the Kala Ghoda region of South Mumbai second at Sewree in south Mumbai and the third in Dindoshi in the Suburban area of Goregaon.
Sessions court has the power to impose the full range of penalties for criminal acts, including the death penalty.
Originally, the Sessions Courts heard each case continuously in sessions and delivered judgements immediately on completion of arguments. Hence the name ‘Sessions Court’ meant that the cases would be disposed off expeditiously. One of the important reasons for delays in the Indian Judicial System, is that the concept of ‘Sessions’ is observed only in breach due to repeated adjournments, loop holes in the case papers and backlog of cases. The Government of India has not found a solution to this endemic problem.
Somewhat like the former Quarter Sessions in England, but does not exceed RM1,000,000 as per ss 65(1)(b), 73(b), 93(1) of the Subordinate Courts Act 1948 (SCA). The exception however is in matters relating to motor vehicle accidents, landlord and tenant and distress, where the Sessions Courts have unlimited jurisdiction pursuant to s 65(1)(a)SCA. Also, by virtue of s 65(3) SCA, the parties to a legal action may enter into an agreement in writing to grant jurisdiction to the Sessions Court to try an action beyond its prescribed monetary jurisdiction aforesaid.
Delhi High Court
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|Delhi High Court|
|Composition method||Presidential with confirmation ofChief Justice of India andGovernor of respective state.|
|Authorized by||Constitution of India|
|Decisions are appealed to||Supreme Court of India|
|Judge term length||mandatory retirement by age of 62|
|Number of positions||48 (29 permanent, 19 Additional)|
|Currently||Justice G. Rohini|
|Since||21 April 2014|
The High Court of Delhi (Hindi: दिल्ली उच्च न्यायालय, IAST: dillī ucca nyāyālaya) was established on 31 October 1966. The High Court of Delhi was established with four judges. They were Chief Justice K. S. Hegde, Justice I. D. Dua, Justice H. R. Khanna and Justice S. K. Kapur.
- 3Chief Justices
- 4Subordinate Courts Of Delhi High Court
On 21 March 1919, the High Court of Judicature at Lahore was established with jurisdiction over the provinces of Punjab and Delhi. This jurisdiction lasted till 1947 when India was partitioned.
The High Courts (Punjab) Order, 1947 established a new High Court for the province of East Punjab with effect from 15 August 1947. The India (Adaptation of Existing Indian Laws) Order, 1947 provided that any reference in an existing Indian law to the High Court of Judicature at Lahore be replaced by a reference to the High Court of East Punjab.
The High Court of East Punjab started functioning from Shimla in a building called “Peterhoff”. This building burnt down in January, 1981.
When the Secretariat of the Punjab Government shifted to Chandigarh in 1954-55, The High Court also shifted to Chandigarh. The High Court of Punjab, as it later came to be called, exercised jurisdiction over Delhi through a Circuit Bench which dealt with the cases pertaining to the Union Territory of Delhi and the Delhi Administration.
In view of the importance of Delhi, its population and other considerations, the Indian Parliament, by enacting the Delhi High Court Act, 1966, established the High Court of Delhi effective from 31 October 1966. By virtue of Section 3(1) of the Delhi High Court Act, the Central Government was empowered to appoint a date by a notification in the official gazette, establishing a High Court for the Union Territory of Delhi. The appointed date was 31 October 1966.
The High Court of Delhi initially exercised jurisdiction not only over the Union Territory of Delhi, but also Himachal Pradesh. The High Court of Delhi had a Himachal Pradesh Bench at Shimla in a building called Ravenswood. The High Court of Delhi continued to exercise jurisdiction over Himachal Pradesh until the State of Himachal Pradesh Act, 1970 came into force on 25 January 1971.
As per the report released on 2006-08, Delhi High court has a long list of pending cases.The backlog is such that it would take 466 years to resolve them.In a bid to restore public trust and confidence, Delhi court spent 5 minutes per case and disposed of 94,000 cases in 2008-10.
Chief JusticesJustice K. S. Hegde (31 October 1966 – 17 July 1967)
- JusticeM K M Ismail (25 May 1967 – 13 November 1967)
- Justice D. Dua (17 July 1967 – 1 August 1969)
- Justice R. Khanna (1 August 1969 – 22 September 1971)
- JusticeHardayal Hardy (22 September 1971 – 15 May 1972)
- JusticeNarain Andley (15 May 1972 – 4 June 1974)
- Justice V. R. Tatachari (4 June 1974 – 16 October 1978)
- Justice S. Deshpande (16 October 1978 – 27 March 1980)
- JusticePrakash Narain (8 January 1981 – 6 August 1985)
- JusticeRajinder Sachar (6 August 1985 – 22 December 1985)
- Justice K. Kapur (22 December 1985 – 20 August 1986)
- JusticeP.S. Chawla (20 August 1986 – 16 August 1987)
- Justice N. Aggarwal (16 August 1987 – 21 August 1987)
- JusticeYogeshwar Dayal (21 August 1987 – 18 March 1988)
- JusticeRabindranath Pyne (18 March 1988 – 28 September 1990)
- JusticeMilap Chand Jain (28 November 1990 – 21 July 1991)
- Justice C. Mittal (5 August 1991 – 4 March 1994)
- Justice Jagannadha Rao (12 April 1994 – 21 March 1997)
- JusticeMahinder Narain (21 March 1997 – 30 December 1999)
- JusticeSam Nariman Variava (31 December 1999 – 15 March 2000)
- JusticeArijit Pasayat (10 May 2000 – 19 October 2001)
- JusticeB. Sinha (26 November 2001 – 1 October 2002)
- Justice C. Patel (5 March 2003 – 7 August 2005)
- JusticeMarkandey Katju (12 October 2005 – 10 April 2006)
- JusticeMukundakam Sharma (4 December 2006 – 9 April 2008)
- JusticeAjit Prakash Shah (11 May 2008 – 12 February 2010)
- JusticeDipak Misra (24 May 2010 – 10 October 2011)
- JusticeD Murugesan (26 September 2012 – 10 June 2013)
- JusticeBadar Durrez Ahmed (Acting) (10 June 2013 – 1 September 2013)
- Justice V. Ramana (2 September 2013 – 16 February 2014)
- JusticeBadar Durrez Ahmed (Acting) (17 February 2014 – 20 April 2014)
- Justice Rohini (21 April 2014 – )
Subordinate Courts Of Delhi High Court
Today, the National Capital Territory of Delhi has six District Courts that function under the Delhi High Court:
- Tis Hazari Courts Complex, established 1958
- Patiala House Courts Complex, established 1977
- KarkardoomaCourts Complex, established 1993
- RohiniCourts Complex, established 2005
- DwarkaCourts Complex, established 2008
- SaketCourts Complex, established 2010The above are six physical locations of the district courts, whereas actually there are eleven district courts headed by individual District Judges. The Tis Hazari complex Rohini complex and Saket complex hosts two districts each the Karkarddoma complex hosts three districts and the remaining complexes host one district court each.
Courts of Judicial Magistrate of First Class
|Judiciary of India|
|Law of India|
Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification.
According to Section 15 of the CrPc, a judicial magistrate is under the general control of the Sessions Judge and is subordinate to the Chief Judicial Magistrate.
According to Section 29 of the CrPc., a Judicial Magistrate of First Class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding five thousand rupees or of both.
Courts of Judicial Magistrate of Second Class
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|Judiciary of India|
Courts of Judicial Magistrate of Second Class are at the lowest hierarchy of the Criminal Court structure in India. According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of Second Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification.
According to Section 29(3) of the CrPC., a Judicial Magistrate of Second Class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding Five thousand rupees, or of both.
A Judicial Magistrate of Second Class cannot entertain a Prayer for Police Remand while hearing for police files. If the police remand prayer is received, the same must be kept reserved and the case record must immediately be sent to Judicial Magistrate 1st Class.
A Judicial Magistrate can try such offences which is triable by either “Any Magistrate” or “Judicial Magistrate 2nd Class” as enshrined in the Schedule I & II of the Cr.PC.
Generally, the post for Judicial Magistrate 2nd Class is to be held for 6 months by the newly inducted officers unless the concered Hon’ble High Court of a State pleased to seem fit to reduce or increase the time period of 6 months.
A production Warrant issued by a Judicial Magistrate 2nd Class must be countersigned by the Chief Judicial Magistrate as per Section 267 Cr.PC