Criminal Courts it’s type and functions….a study.

By Subrata Mukherjee.

In love with Golapi, Subratagolapi.

Introduction:

A criminal court is such a court that has jurisdiction to try and punish the offenders against criminal law of a particular country.

All the criminal courts deal with the persons who are accused of specific crimes under the provisions of the criminal law and also determine the consequences of the accused persons in due process of law.

Judges in this criminal law and administration of justice have independent roles to play to discover the facts and either convict or acquit the accused in the mechanism and due process of law .

In common Law system, the lawyers from both sides appear in the court and bear primary responsibilities to adduce or submit evidence in favour of their arguments and examinations of the witnesses.

The adversarial system as run in the Common Law is the foundation of the criminal courts, tribunals and administration of justice in most of the countries in the world including The United States of America, Britain, Canada, India etc.

In this system if an accused is found guilty, he is sentenced to punishment as per the guidelines of specific criminal law. The objects of punishment is not to draw vengeance against the offender but to deter the offender from committing the same or similar crimes and if necessary for the legal measures in the interest of justice the offender is sent to correctional homes or jails and in the cases of severe and crimes of extreme nature the Criminal Courts can pronounce the capital punishment against the offender.

The New World (Natun Prithibi)

Though in many countries the capital punishment has been done away with yet, it is still in practice in many countries of the world.

Perspective in India :

The Indian law Commission,1955 recommend the guidelines on passing of The Criminal Procedure Code,1973 and ultimately with due process of legislative measures and appropriate recommendations it came in to force in 1973.

In accordance with The Criminal Procedure Code,1973, constitution and classification of the Criminal Courts have been established.

As per Section 6 of the Code ..”there shall be, in every state the following classes of criminal courts namely :–

(I) Court of Session

(ii) Judicial Magistrate of the Ist class and in metropolitan area, Metropolitan Magistrates;

(iii) Judicial Magistrate of the second class ;and

(iv) Executive Magistrates.”

Court of Session is a court established Under section 9 of Cr.PC,1973. Normally there is only one Court of Session in every Sessions division .

The power of appointment of a Sessions Judge is conferred by sub section (2 ) upon the High Court.

The Court of Sessions is the highest criminal court of the district. It deals with cases of serious offences like dacoity, robbery murder etc. It has also the power of giving death sentence subject to the consultation of the High Court.

There is also a provision of Assistant Sessions Judge under section 10(1) of the Cr.P.C ,subordinate to the Sessions Judge in whose Court they exercise Jurisdiction.Court of Assistant Sessions Judge is inferior to the Court of Sessions Judge.

Perspective in The United States of America:

In the United States of America, the federal court system has three main levels namely :

(I) The District Court( the trial court).

(II) The Circuit Court( The first level of courts of appeal).

(III) The Supreme Court of the United States( the final level of appeal court in the country)

There are in total 94 District Courts,13 Circuit Courts and one Supreme Court in the United States of America.

The District Courts are the trial courts in the country for conducting trials …

….. to be continued.