Constitution of Criminal Courts and Offices

The Constitution of India has provided for a hierarchical system of criminal courts, with the Supreme Court at the top and the lower courts at the bottom.

Criminal Courts Established under the Constitution are as follows:

1. Supreme Court of India: The Supreme Court of India is the highest court of appeal in the country. It has the power to hear appeals from any court in the country, including the high courts and subordinate courts.
2. High Courts: Each state in India has a High Court, which has jurisdiction over the entire state. The High Court has the power to hear appeals from subordinate courts and to exercise its original jurisdiction in certain cases.
3. Sessions Courts: The Sessions Court is the court of first instance for serious criminal cases such as murder, rape, and dacoity. It has the power to impose the death penalty.
4. Chief Judicial Magistrate’s Court: The Chief Judicial Magistrate’s Court is the court of first instance for cases punishable with imprisonment for a term not exceeding seven years.
5. Metropolitan Magistrate’s Court: The Metropolitan Magistrate’s Court is the court of first instance for cases that take place within metropolitan areas.
6. Judicial Magistrate’s Court: The Judicial Magistrate’s Court is the court of first instance for cases punishable with imprisonment for a term not exceeding three years.
7. Special Courts and Tribunals: Special Courts and Tribunals are established for the trial of specific offences or categories of offences, such as the Special CBI Courts and the Narcotics Drugs and Psychotropic Substances (NDPS) Courts.

Offices Established for the Administration of Criminal Justice include:

1. Public Prosecutor: The Public Prosecutor is appointed by the state government and represents the state in criminal cases. The Public Prosecutor has the duty to conduct prosecution on behalf of the state.
2. Additional Public Prosecutor: The Additional Public Prosecutor is appointed by the state government to assist the Public Prosecutor in conducting prosecution.
3. Assistant Public Prosecutor: The Assistant Public Prosecutor is appointed by the state government to assist the Public Prosecutor in conducting prosecution in lower courts.
4. Special Public Prosecutor: The Special Public Prosecutor is appointed by the central government to conduct prosecution in cases of national importance or cases that require special attention.