Organisation, Constitution and Powers of Criminal Courts (ss.6–29 BNSS) — BNSS (Criminal Law II) Notes

Organisation, Constitution and Powers of Criminal Courts (ss.6–29 BNSS)

Picture the criminal courts as a pyramid. At the apex sit the Supreme Court and the High Courts; below them the Sessions Courts try the gravest crimes; below them the Magistrates handle the bulk of everyday offences; and to the side stand the Executive Magistrates, who keep the peace but hold no trials. Every “can this court do this?” problem is really a question of where a court sits on the pyramid — and s.23 BNSS is the rulebook of how hard each may hit.

Section 6 BNSS lists the classes of criminal courts (besides the High Court and courts constituted under other laws):

Courts of Session (s.8).
Judicial Magistrates of the First Class (and, in a metropolitan area, Metropolitan Magistrates were merged into this class by the BNSS) (ss.9, 11).
Judicial Magistrates of the Second Class (s.9).
Executive Magistrates (s.14).

A. The hierarchy, top to bottom

Supreme Court — the apex appellate and constitutional court.
High Court — supervises all courts in the State; hears appeals, revisions and transfers; may pass any sentence authorised by law.
Court of Session (s.8). Established for each sessions division; presided over by a Sessions Judge, aided by Additional and Assistant Sessions Judges. It tries the gravest offences committed to it.
Chief Judicial Magistrate (CJM) and Additional CJM (s.12). The senior-most judicial Magistrate in a district, controlling the JMFCs.
Judicial Magistrate of the First Class (JMFC) (s.9).
Judicial Magistrate of the Second Class (s.9).
Executive Magistrates (s.14). Under the District Magistrate; they do preventive and administrative work (security proceedings, dispersal of unlawful assembly, s.163 orders) — they do not try offences.

B. Sentencing powers — s.23 BNSS [s.28–29 CrPC] (learn these cold)

Court of Session / Additional Sessions Judge (s.23(1)): any sentence authorised by law; but a death sentence must be confirmed by the High Court (s.407 BNSS).
Assistant Sessions Judge (s.23(2)): any sentence authorised by law except death, life imprisonment, or imprisonment exceeding 10 years.
Chief Judicial Magistrate (s.23(3)): any sentence except death, life, or imprisonment exceeding 7 years.
Judicial Magistrate First Class (s.23(4)): imprisonment up to 3 years, fine up to ₹50,000, or both, and community service.
Judicial Magistrate Second Class (s.23(5)): imprisonment up to 1 year, fine up to ₹10,000, or both, and community service.

Section 24 BNSS allows a Magistrate to impose a term of imprisonment in default of fine, and s.25 governs consecutive/concurrent running of sentences (taught in Unit III, 3.10).

🔑 The single fact that decides most “power of the court” problems is s.23’s cap for the Assistant Sessions Judge: he may not pass death, life, or a term above 10 years.

🧩 WORKED EXAMPLE — the 7-year sentence problem

Facts. An Assistant Sessions Judge convicts the accused and sentences him to 7 years’ RI. The accused argues the judge had no power to do so.

Rule. Under s.23(2) BNSS an Assistant Sessions Judge may pass any sentence except death, life imprisonment, or imprisonment exceeding 10 years.

Apply. Seven years is below the 10-year ceiling, so it is squarely within his power. The decoy is the junior-sounding title “Assistant”.

Conclusion. The sentence is valid. (Contrast a CJM, who is capped at 7 years, or a JMFC, capped at 3.)

Section 23(2) BNSS: “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.”

In Simple Terms: An Assistant Sessions Judge can pass almost any sentence — but never death, never life, and never more than ten years.

flowchart TD
    SC["Supreme Court"]:::root
    SC --> HC["High Court<br/>any sentence; confirms death"]:::leaf
    HC --> SESS["Court of Session<br/>any sentence (death needs HC confirmation)"]:::leaf
    SESS --> ASJ["Assistant Sessions Judge<br/>up to 10 years (no death/life)"]:::leaf
    HC --> CJM["Chief Judicial Magistrate<br/>up to 7 years"]:::leaf
    CJM --> JMFC["Judicial Magistrate I Class<br/>up to 3 years / fine 50,000"]:::leaf
    JMFC --> JMII["Judicial Magistrate II Class<br/>up to 1 year / fine 10,000"]:::leaf
    HC --> EXEC["Executive Magistrate<br/>preventive only; NO trial"]:::sidebox
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef sidebox fill:#FDE7C9,stroke:#B45309,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

A.R. Antulay v. R.S. Nayak (1988) — a case cannot be tried by a court lacking jurisdiction; jurisdiction is conferred by statute, not by consent.
State of Punjab v. Ajaib Singh (1953) — a court may pass only the sentence its class is empowered to pass; an excess is illegal.

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