Legal System - Accusatorial | Inquisitorial System

Accusatorial System 

• This system is also know as Adversarial system.

• In this system, the duty of the parties in the legal proceeding is to develop the evidence. Each party constructs their own view of the case and gathers facts to support it. 

• These parties are assisted by their lawyers .

• The lawyer plays an active. He gather evidence and even participate in cross examination and analysis of evidence given by the other side.

• In this system an accused has the right to remain silent. 

• Another feature of this system is that it offers bail.

• The Judge plays a passive role. 

• Their aim is to get through open argument between prosecutor and defence lawyer. The judge makes a decision based on the evidence, cross-examination, and examination.

Advantages 

1. It is regarded as being fair and less abuse-prone.
2. It gives the police power. 
3. It correctly upholds the rights of the parties who are defending and accusing.
4. It gives both parties the opportunity to prove their claims.
5. It discourages partiality.

Disadvantages

1. It forces both sides to engage in conflict with one another.
2. It uses a costly procedure.
3. It might result in unfairness.
4. It might lead to decisions being forced by arguments rather than by evidence.
5. It has accessibility problems.

 Inquisitorial System

• In this system, the lawyers plays a passive role.

• In this system, the judges plays an active role. 

• He determines the relevant dispute's facts and problems. The judge also determines the format in which the evidence must be presented in court, such as whether it should be oral, written, or a combination of both. In the end, the judge will determine the case based on their evaluation of the evidence. Because of such an active role of judge , such system of legal setting is also known as Interventionist or investigative model.

• In this system, the accused cannot remain silent. If he remain silent then it means he is guilty .

• Even this system offers bail.

• This system's general goal is to discover the truth by conducting a thorough inquiry and evaluating all available evidence.

• Here all the references are presented by the judge and judge is called as Fact Finder.

Advantages 

1. It enables the legal system to participate actively in the processes.
2. It lessens the benefits of wealthy in the legal system.
3. It is a system that includes independent review.
4. It is a system that does not exempt anyone.
5. It allows an uninterrupted Account of a Witness.

Disadvantages

1. It is a system that may be greatly impacted by corruption.
2. It requires people to trust in the government to achieve a just result.
3. It can place the final judgment in the hands of a single individual.
4. It does not provide a right to silence like an adversarial system.
5. It reduces the chances that someone will have to protect oneself.

ARREST | TYPES OF ARREST | RIGHTS OF ARRESTED PERSON

 ARREST 

For Explanation watch out 👉:  https://youtube.com/shorts/Te9f9yjW1WE?feature=share

• Chapter V - Sec 41- 60A of CrPC .

• It is a part of the criminal justice system and the first step in criminal proceedings against a suspected person. 

• Timely arrest of the accused is very vital for proper and effective investigation especially in case of serious crimes.

•  The term arrest is derived from the French verb "arreter," which meaning "to stop or stay" and denotes the confinement of a person. 

• An arrest is the act of bringing someone into custody when there is a suspicion that they have committed a crime or other offence. 

• It is carried out when someone is detained for acting illegally. 

• The code has not defined the term "Arrest". The only definition of what constitutes an arrest may be found in Section 46 of the Code, which outlines the procedure for making an arrest.

• After an arrest, further procedures such as interrogation and investigation are carried out. 

PURPOSE OF ARREST

The main objective is to secure the legal system and present the arrested person before a court. 

It also serves the purpose of informing society that an individual has committed a crime and preventing him from committing such crimes in the future.

TYPES OF ARREST

1. Arrest made in pursuance of a warrant issued by the magistrate.

• A warrant must be issued if a person commits a non-cognizable offence such as cheating, public nuisance, defamation, etc. The police cannot make such an arrest without a warrant. 
• A warrant is issued on behalf of the state by a Judge or Magistrate.
• Under Section 155 of the Criminal Procedure Code, the police must obtain a written warrant of arrest from the magistrate before they can arrest someone in a non-cognizable case.

2. Arrest made without any warrant but within the established legal provisions.

• An arrest without a warrant occurs when a police officer is authorized to arrest a person without a warrant. It can happen only when a person commits cognizable offences such as rape, kidnapping, theft, etc.

• Section 41(1) of the Criminal Procedure Code deals with arrests without a warrant. 

RIGHTS OF ARRESTED PERSON

(1) Right to be informed of the grounds for arrest

• In case of arrest without warrant, arresting officer has to tell him the reason behind his arrest. As mentioned in Section 50 (1) CrPC and Article 22 (1) of the constitution 
• In case of arrest with a warrant, arresting officer has to show the warrant and explain the content (Section 75 of CrPC)

(2) Right to be released on bail (for bailable offence)

• According to Sec 50 (2) of CrPC, if the person has committed an offense that is bailable, then the arresting officer must inform the arrested person about the rights to bail and he can arrange sureties for the same.

(3) Right to informed about the arrest (to a nominated person)

• According to section 50A of CrPC , arresting officer must inform about the arrest to a person nominated by the arrestee, with all vital details. It can be family, friends, relatives, or whoever the arrestee chooses.

(4)Guidelines on the arrest of a woman 

• According to section 46(4) of CrPC , there should be no arrest after sunset and before sunrise. In exceptional circumstances, prior permission from the judicial magistrate of the first class to be taken.
• Only a woman officer can arrest a woman. 
• No use of force if the woman arrestee surrenders peacefully but if she resists, only a woman officer can control her physically. 

(5)  Right to be produced before a Magistrate within 24 hours of arrest

• As per the Article 22 (2) of the constitution, arrestee has to be produced before a magistrate within 24 hours of arrest, excluding the journey. 
• In case the arrest is in a different state arresting officer has to take transit remand from the magistrate having local jurisdiction [section 56, 57, 76 of CrPC] . 
• In case of the absence of any logical explanation behind the delay in producing the arrestee, the arrest will be deemed as unlawful.

(6)Right to consult a Legal Practitioner of his choice

• As per Article 22(1) of constitution and section 41D of CrPC, the arrestee can consult with the lawyer of his choice and the lawyer can accompany him during interrogation. 

(7) Right of an arrested Person to free legal aid 

• As per Article 39A of the constitution The court will provide lawyers to those who can’t afford to arrange one.

(8) Right to be examined by a Medical practitioner

• Section 54(1) of CrPC, the arrested person must be examined by a medical practitioner. If the accused is female, medical examination has to be done only by a female medical practitioner.

TRIAL | TYPES OF TRIAL

 TRIAL

In a court of law, a trial is a procedure where a judge or a magistrate hears the evidence and determines whether or not a defendant is guilty of a crime. In India's legal system, there are four different ways to try criminal cases: court of session, warrant case, summons case, and summary trials. Indian criminal law divides the accused's trial according to the severity of the offence. The accused's trial for the offence he committed is separated into four categories: 

SESSION TRIAL

• Chapter XVIII of CrPC  - Section 225 - 237 relates to the provisions governing the trial before the Court of Session. 

• It deals with offences punishable with more than seven years of imprisonment or Life imprisonment or Death.

Check out  this link👉 https://youtu.be/vTQRYtP-5x8  for a detailed explanation and flowchart with sections.

Procedure 

Stage -1

Section 226: – 

• Each trial is to be conducted by the Public Prosecutor (Section 225).
• The Sessions Court is a district-level court that handles only the most heinous and serious matters. 
• The accused is presented before the court with evidence of his offence. 
• The prosecutor's first and most crucial responsibility is to produce evidence in court that will show the accused is guilty.

Section 227: –  

• If, after hearing the evidence and presenting the accused, the judge determines that there is no sufficient basis for the proceedings against the accused, he will release the accused and record the reason for doing so. 

• If, after reviewing the case, the court determines that the accused committed an offence that is triable by the court, the court will frame the charges against the accused of the offence; however, if the offence is not solely triable by the court after the session, the charges are fixed. The Chief Judicial Magistrate or another Judicial Magistrate of the first class is then assigned to handle the case.

Section 228: – 

• All the allegations against the accused must be read out loudly in simple words in front of the accused and ask whether he is guilt to the charges or not.

Stage 2

• Section 229: – If the accused is completely conscious of the allegations made against him and pleas guilty to them, the court will file his plea and convict him, although this is entirely up to the judge's decision. The judge has the authority to convict the accused under section 229, however it is preferable that the accused not be immediately convicted.

• Section 230: – The judge will set a date for the prosecution of witnesses, the presentation of any documents, etc. if the accused declines to enter a plea under section 229 of the law. On the due day set by the court, he will question the witnesses and allow the prosecution's case to be presented.

Stage 3

• Section 232: – If the court determines that there is no proof that the accused committed the crime after reviewing the accused and the prosecution's evidence, the judge declares the accused to be innocent.

• Section 233: – The defence attorney will present evidence in support of his client if the prosecution's case amply warrants the court's decision to frame the accusations and exonerate the accused. The accused may even request to speak with any witness or request that a document be produced, but this should not give the court the wrong impression  against the interests of justice.

• Section 234 and 235: – After hearing both sides, section 314 of the Act applies to make a closing statement  and closing statement is given by defence. After reviewing all the evidence, the judge will make the final decision.

WARRANT TRIAL

• Chapter XIX of CrPC - Section 238 - Section 250, deals with the provisions governing warrant trials.

• Warrant case includes offence punishable with the death penalty, imprisonment for life and imprisonment exceeding two years.

Procedures 

Procedure for the trial of warrants cases by Magistrate are given .One is used by magistrates in cases imposed on police reports (sections 238-243 of the CrPC and sections 248-250 of the CrPC), and the other is used in cases imposed otherwise than on police reports. Sections 244 to 247 of the CRPC and Sections 248 to 250, 275 of the CrPC.

Police report

Stage - 1

• Section 238: – According to Section 207, the Magistrate should satisfy himself that he has received the charge sheet and all the supporting documentation.

• Section 239: – After filing charge sheet under section 173, if the magistrate finds the charge against the accused is baseless, then he shall discharge the accused and record the reasons for such discharge.

• Section 240: – If the magistrate believes that the accused is triable, charges will be filed against him.

 Stage - 2

• Section 242(3): – After framing the charge under section 240, the magistrate must prove under section 242 CrPC and under sub-section (3) of that section that the magistrate proceed to take all such evidence arising in support of the prosecution.

• Section 243: – This provision and the provisions in sub-sections (1) and (2) of Section 243, CrPC, are mandatory. And section 243 provisions  apply to cases instituted  under police report and personal complaint.

Private Complaint

Stage -1 

• Section 244: – If the case is filed on a private complaint and the accused is brought before a magistrate, the prosecution must satisfy itself with all the evidence produced and may issue summons to give directions to witnesses to attend or produce any document.

• Section 245: – After taking all the evidence under section 244, if the magistrate finds it appropriate to free the accused at any previous stage of the case, his charges are considered baseless.

Stage - 2

• Section 247: – The defense counsel will present his evidence to support the accused. If charges are framed against the accused and the magistrate finds him not guilt then the order of acquittal will be issued and he will be issued.

• On the off chance that any case is organized on the objection to judge or to Police official or a blamed individual is introduced before the justice and officer finds that there is no ground against denounced individual then he will be released quickly by the judge, the individual who did the protest will be called to give clarification of why he ought not pay add up to the individual against whom blamed charges were made.

SUMMON TRIAL

• Chapter XX of CrPC - Section 251 - Section 259, deals with the provisions for trial of summons cases by magistrates. 

• Summons cases are punishable with a fine or imprisonment of less than two years. 

Procedure

Stage - 1

• Section 251 : When the accused appears before the court, the magistrate must inform him with details of the offence against which he is accused and if he pleads guilty for the same charges.

• Section 252:  If the accused pleads guilty, his plea shall be taken on record, and the Magistrate based on his discretion may convict him.

• Section 253: if the accused pleads guilty to the charge in his absence on a plea of guilt. The Magistrate has been given the discretion to convict and sentence the accused. The section allows the pleader appearing on behalf of the accused person to plead guilty on his behalf. The fine can be paid through a registered post.

Stage - 2 

• Section 254: If the accused is not convicted under section 252 or 253 of CrPC, the Magistrate will next hear the prosecution's case and record its evidence, as well as the defense's argument and record its evidence. When necessary, summonses are issued to witnesses.

• Section 255: If the Magistrate finds the accused not guilty after recording the evidence, he shall acquit the accused and if the accused is found guilty, the Magistrate either proceed under section 325 or 365 of CrPC or pass the sentence.

• Section 257: With the Magistrate's prior approval, a complaint may be withdrawn at any moment before the decision is made.

SUMMARY TRIAL

• Chapter XXI of CrPC - Sections 260-265 deals with provisions relating to summary trials.

• Cases that are quickly resolved in court proceedings with an easy procedure to follow are recorded summarily. Only minor cases are handled in this trial. 

Procedure 

Section 262 : The procedure to be followed under summary trial  is same as  the procedure specified for summon trail.

Section 263: The Magistrate shall enter the following information in each case tried summarily

• the serial number of the case;
•  the date of the commission of the offence;
•  the date of the report or complaint;
•  the name of the complainant (if any);
• the name, parentage and residence of the accused;
•  the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause (iii) or clause (iv) of sub- section (1) of section 260, the value of the property in respect of which the offence has been committed;
•  the plea of the accused and his examination (if any);
•  the finding;
•  the sentence or other final order the date on which proceedings terminated.

Section 264: - In each case of summary trial, if the accused is found not guilty, the magistrate will record the substance of the evidence, and the judgement must also include a brief statement of the reasons for reaching a certain conclusion.

Section 265: The language of the court should be used to record all such records, including the information mentioned in Section 263 and the substance of any evidence and judgement.

 PUBLIC PROSECUTOR

A Public Prosecutor is considered an agent of the state to represent the interest of common people in the criminal justice system. The Public Prosecutor is defined in Section 24 of Cr.PC. They serve as the basic principle of Rule of Law i.e auld alteram partem (no person shall be condemned unheard).

ROLE OF PUBLIC PROSECUTOR 

1. INVESTIGATION PROCESS

• To make an appearance in Court and obtain an arrest warrant

• To obtain search warrants for conducting a search in specified premises

• To obtain police custody remand for interrogation (including custodial interrogation) of the accused

• To initiate a proceeding for the declaration of the non-traceable offender as the proclaimed offender

• To record the evidence of accused in the police report regarding the advisability of the prosecutions

2.  DURING TRIAL

-Sentencing-

When the accused is found guilty, the public prosecutor and defence attorney further debate the appropriate penalty level. Considering the facts, the circumstances of the case, and the seriousness of the offence, the Public Prosecutor may now make an argument for an appropriate sentence. It assists the judge in making a wise choice

 

-To conduct a speedy trial-

The right to a speedy trial is a fundamental right and is implicitly guaranteed in Article 21 of the Indian Constitution, which declares, "Right to life and personal liberty." 
It is the duty of the prosecutors to call all the witnesses whose evidence is required to resolve the case. To cross-examine the witness and to see that no witness if left unexamined. To produce all the necessary documents.

 LOK ADALAT

 

• Lok Adalat can be literally translated as the People’s Court ."Lok" stands for "people" and the term "Adalat" means the court
• In Lok Adalats, the issues are solved through the means of arbitration, mediation, or negotiation, therefore this system is considered a "wing of Alternative Dispute Resolution".
• Earlier in India, the Lok Adalat played a key role in solving disputes among people mainly situated in rural areas, hence the same process is being continued even in the present day.
• Article 39A of the Indian Constitution, the Legal Services Authorities Act, 1987 provided the Lok Adalats with statutory status.  It reduces the burden on urban courts and decentralizes access to justice. 
• As per Section 21 of the Legal Services Authorities Act, 1987, the award or decision given by the Lok Adalats is considered as a decree pronounced by a civil court and thus is final and binding on the parties associated with the case.
• Accordingly, no party can appeal against the decision given by the Lok Adalats in any court. If the parties find the decision or award of the Lok Adalat to be against their interests they cannot appeal against it but they may file a fresh case in the court of the concerned jurisdiction.

                            CASES CONSIDERED BY LOK ADALAT 

The Lok Adalat only undertakes those cases which fall under the following list of matters –
1.  Acquisition of Land, mutation, and related disputes.	2.  Matters relating to partition claims.
3.  Cases relating to arrears of retirement benefits	4.  Road or motor accident cases
5.  Disputes relating to bonded labor.	6.  Compoundable cases relating to civil, criminal, and revenue matters
7.  Matters of unpaid bank loans.	8.  Family disputes including matrimonial matters
9.  Damages cases.	10. Such matters that do not fall       under the jurisdiction of any   other Court

  ORGANISATION OF LOK ADALAT

 Every Lok Adalat so organized shall consist of :

1. Serving or retired judicial officers,
2. Other persons, as may be specified.

The Central Government should prescribe the experience and qualifications of "other persons" in a Lok Adalat conducted by the Supreme Court Legal Services Committee after consulting with the Chief Justice of India. The National Legal Services Authorities Rules, 1995 now provide the following experience and qualifications:

1. A member of the legal profession; or 
2. A person of repute who is especially interested in the implementation of Legal Services Schemes and Programmes; or 
3.  An eminent social worker who is engaged in the upliftment of weaker sections of people.

POWERS OF LOK ADALAT

• Power to summon and enforce the attendance of any witness and to examine him/her on oath. 

• Power to enforce the discovery and production of any document.

• Power for requisitioning of any public record or document or copy thereof or from any court.

• Every Lok Adalat shall have the power to specify its own procedure for the determination of any dispute coming before it.

ADVANTAGES

• No court fee is required, and if one has been paid and the matter is resolved at Lok Adalat, the money will be returned.
• Parties are allowed to express their differences of opinion without fear of being exposed in court. 
• The parties to the dispute can speak with the judge directly through their legal assistance. 
• Procedural flexibility and speedy trial of disputes are the two pillars of Lok Adalat. 

My YouTube Channel: https://youtube.com/shorts/uDQYwZLIH_8 

NYAYA PANCHAYAT

NYAYA PANCHAYAT

• Nyaya Panchayats are considered as a unit of the Panchayati Raj System of India.

• They function at the village or district level to deliver justice and thus are considered as the most basic level of the Indian Judiciary.

• Every Panchayat that comes under the jurisdiction of Nyaya Panchayat elects a member for such Nyaya Panchayat.

 

       Qualification

• The elected official must be 30 years of age or older.

• He must be a registered voter in the concerned Panchayat.

• He must be literate to read and write in the concerned State’s language.

• He must not be debarred from being elected to the Panchayat under any law in force.

• A Nyaya Panchayat is empowered with both civil and criminal jurisdiction.

• Its civil jurisdiction:  seeking compensation for wrongfully gaining or injuring movable property, suits for damages, and suits for breach of contracts where no immovable property is affected.

• Its criminal jurisdiction: covers certain offenses under the Indian Penal Code, 1860 like theft, outraging the modesty of a woman, trespass, injuring public property, mischief, etc.

 

       Functioning of Nyaya Panchayat:

• The Nyaya Panchayats are created with the aim to dispose of the cases as quickly as possible by eliminating delays and other technical issues. As a result, the functioning of the Nyaya Panchayats is not as complex as that of other judicial institutions.

• They have the authority to call witnesses and parties for the purpose of recording evidence or to produce any relevant fact or document. 

• The Nyaya Panchayat also has the power to carry out local enquiries within its jurisdiction and produce a report as per the order of the magistrate.

 

        Advantages

• They give relatively simple access to justice because they operate at the village and district levels.

• It is simpler for the offended party to contact a Nyaya Panchayat than a Court.

• It reduces expenses by eliminating the need for the complaint to spend large amounts of money to get justice.

• The workload placed on civil courts is reduced.

• Nyaya Panchayat has a greater case disposition rate than traditional courts.

My YouTube Channel: https://youtube.com/shorts/uDQYwZLIH_8 

HIERARCHY OF CRIMINAL COURT

 

HIERARCHY OF CRIMINAL COURT

The Indian Judiciary has a unified structure, the lowest and foremost court is the lower court, after which appeals can be made in the higher courts (High Court and Supreme Court).

 

1. SUPREME COURT

• It is the apex court.

• It consists of 1 chief justice and 30 other judges.

• The supreme court judges are appointed by the President of India.

• For appointing the chief justice, the President consults other judges

• Appointment of other judges the president consults the chief justice of the Supreme court

• Article 124 of the Constitution talks about the establishment and constitution of the Supreme Court. 

• Once appointed, the judges retire at the age of 65.

       Eligibility to serve as a Supreme Court Judge:

• The individual must be an Indian citizen and have at least five years of experience serving as a   high court judge.

• Has at least 10 years of experience as a high court advocate.

• The President must believe the candidate to be qualified.

      Supreme Court of India has three important jurisdictions/power

A. Original jurisdiction:

• Several matters that cannot be considered by any other court can be handled directly by the highest court.
• It has original jurisdiction over any conflicts involving the Indian government and one or more states, the Indian government and any state or states, two or more states, etc.
• Therefore, the supreme court has the power to decide disputes between the union and states as well as two or more states.

B. Appellate jurisdiction:

• The Supreme Court of India is the highest court of appeal among all courts within the limits of its jurisdiction.
• It hears appeals in civil, criminal, and constitutional disputes from subordinate courts.

 

C. Advisory jurisdiction:

• The Supreme Court has the authority to advise the President regarding matters of public policy and legislation.
• In general, it gives the president legal advice.

Other Powers And Function Of the Supreme Court Of India:

• Resolving political issues.
• The power to protect and enforce the constitution.
• The right to judicial review.
• Court of records. The Supreme Court's decisions are all documented, and other courts use them as references.
• Power to review one's own judgment. The chief justice of India becomes the active president of India when the office of the president becomes empty and if the vice president is also not accessible.

2. HIGH COURT

• A State's judiciary is presided over by the High Court.

• Each High Court is composed of a Chief Justice and any additional Judges appointed by the President from time to time.

• The President appoints the Chief Justice of a High Court after consulting with the Chief Justice of India and the State Governor.

• The process for choosing judges is the same with the exception that the Chief Justice of the relevant High Court is also contacted.

• Supreme Court judges retire at the age of 62.

 

      Eligibility to serve as a High Court Judge:

• He must be a citizen of India.

• He must have at least 10 years of experience as a high court advocate.

• He/she must have held a judicial post in India for at least ten years.

A) Original jurisdiction: The High Court has the authority to issue writs in order to enforce fundamental rights.

B) Appellate jurisdiction: It has authority over both civil and criminal proceedings. In civil proceedings, the decision of a district court is the last word.

C) Appointment authority: The High Court's Chief Justice has the authority to appoint officers and servants of the court.

        Other powers

• Control over it’s officers and employees

• Court of records

•  Power of judicial review.

•  Power to issue notice to the lower courts for the transfer of cases to the higher court.

3. SUBORDINATE COURTS

• Courts that are subordinate to the High Court are called subordinate courts.

• Every district has a district court, with appellate jurisdiction.

• Additionally, each district also has some lower, subordinate courts that are managed administratively by the High Court.

• These are- Civil Courts, Criminal Courts and Revenue Courts.

4. CIVIL COURT

• Article 233 of the Constitution lays down the appointment of district judges that shall be done by the Governor of that State in consultation with the High Court.

• The Court of District Judge is the highest civil court in a district, it exercises judicial, and administrative powers, and has both appellate and original jurisdiction.

• Below the district judge are sub-judge, additional sub-judge, and munsif courts

• which are located in sub-divisional and district headquarters.

• Civil cases are filed in the munsif’s court and can be appealed to the sub-judge or additional sub-judge, further appeal lies with the district judge.

5. CRIMINAL COURT

Section 6 of the Criminal Procedure Code, 1973 states that there shall be four classes of criminal courts:

1. Court of Session

• Under Section 7 of CrPC, every State shall have session divisions, the number of which is determined by the State Government with the assistance of the High Courts.

• Section 9 of CrPc, further states each Session will also have a Court of Sessions, which will be presided over by a judge appointed by the High Court. The High Court may also appoint additional session judges and assistant session judges.

       2. Judicial Magistrates of the first class and, in any metropolitan                                                             area, Metropolitan  Magistrates

        Metropolitan Magistrates:-

•  The areas with a population of more than a million are metropolitan areas.

• The State Government in consultation with the High Court can establish as many Metropolitan Courts in the area as it deems fit.

• A Chief Metropolitan Magistrate (CMM) for a particular area are appointed by High Court

• An additional CMM can also be appointed.

• The CMM and Additional CMM are subordinate to the Sessions Judge.

• CMM can pass any sentence authorized by law, except the death penalty or life imprisonment or imprisonment for a term exceeding 7 years.

        Judicial Magistrate:

• In every district the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.

• The Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate

•  First Class Judicial Magistrate: -the High Court may appoint one or more Judicial Magistrate of the first class, and he may sentence of imprisonment for a term not exceeding three years (3 years) or fine not exceeding ten thousand rupees (10,000) or both.

        3. Judicial Magistrate of second class

•  Second class Magistrate may pass a sentence of imprisonment for a term not exceeding one year   (1 year), or of fine not exceeding five thousand rupees (5000 rupees), or of both.

 

          4. Court of Executive Magistrate

• According to section 20 in every district and in every metropolitan area, an        Executive Magistrate shall be appointed by the State Government and one of them becomes District Magistrate, another Additional District Magistrate (ADM) can be appointed. The Executive Magistrates shall look into administrative and executive cases.

6. REVENUE COURT

• On the top of the hierarchy of revenue, matters are the board of revenue, under which comes the  Commissioner Collector, and at the bottom of the hierarchy lies the Tehsildar(Assistant Tehsildar could also be present).

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