Introduction
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 (CrPC), bringing significant changes to India’s criminal justice system. One of its key aspects is the constitution of criminal courts and offices, which defines the hierarchy, jurisdiction, and powers of various courts and law enforcement offices responsible for handling criminal cases.
This section of the BNSS establishes the framework for the functioning of criminal courts, including their jurisdiction, powers, and procedures. It also lays down provisions for law enforcement authorities such as the police, prosecutors, and magistrates, ensuring an organized system for maintaining law and order.
Importance of the Constitution of Criminal Courts and Offices – BNSS
- Ensuring a structured legal process for the investigation, trial, and adjudication of offenses.
- Defining the roles and responsibilities of different judicial and executive authorities.
- Maintaining checks and balances within the criminal justice system.
Criminal Courts Under BNSS
The BNSS retains the traditional hierarchy of criminal courts while introducing procedural reforms. The courts are as follows:
(A) Supreme Court
- The highest judicial authority in India.
- Hears appeals from the High Courts in criminal matters.
- Exercises jurisdiction under Article 136 of the Constitution.
(B) High Courts
- The highest court in a state or a union territory.
- Supervises subordinate courts.
- Hears appeals, revisions, and writ petitions in criminal cases.
(C) Sessions Courts (Established by State Governments)
- Court of Session Judge: Tries serious offenses (e.g., murder, rape, dacoity).
- Additional & Assistant Sessions Judges: Handle cases assigned by the Sessions Judge.
(D) Magistrate Courts (Under District Judges)
(i) Judicial Magistrates (For Non-Metropolitan Areas)
- Chief Judicial Magistrate (CJM): Supervises other magistrates, tries offenses punishable up to 7 years.
- Additional Chief Judicial Magistrate: Assists the CJM in handling cases.
- Judicial Magistrate First Class (JMFC): Tries offenses with punishments up to 3 years or a fine.
- Judicial Magistrate Second Class (JMSC): Handles petty offenses with imprisonment up to 1 year.
(ii) Metropolitan Magistrates (For Metropolitan Areas)
- Chief Metropolitan Magistrate (CMM): Supervises magistrates in cities with populations over 1 million.
- Additional CMM & Metropolitan Magistrates: Handle cases assigned by the CMM.
(E) Special Courts
- Established for specific offenses (e.g., POCSO, NDPS, corruption cases).
- Have exclusive jurisdiction over certain crimes.
Executive Authorities Under BNSS
The BNSS also defines various executive authorities responsible for law enforcement and administration:
(A) District Magistrate (DM) & Sub-Divisional Magistrate (SDM)
- Maintain public order and prevent crimes.
- Issue orders under preventive provisions.
- Supervise the police and correctional facilities.
(B) Police Authorities
- Director General of Police (DGP): Head of state police forces.
- Superintendent of Police (SP): Oversees district police operations.
- Station House Officer (SHO): In charge of police stations, responsible for investigations.
(C) Prosecutors
- Public Prosecutor (PP): Conducts prosecution in Sessions Courts.
- Assistant Public Prosecutor (APP): Handles cases in Magistrate Courts.
(D) Other Authorities
- Correctional Officers: Manage prisons and rehabilitation programs.
- Investigating Officers (IO): Conduct criminal investigations under BNSS guidelines.
Conclusion
The BNSS ensures continuity with CrPC while modernizing the legal framework for criminal justice administration. By defining the hierarchy and responsibilities of courts and offices, it aims to streamline investigation, prosecution, and adjudication for faster and more effective justice delivery.
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