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According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification. [1]
The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. On the criminal side, jurisdiction is exclusively derived from the criminal procedure code. As per this code the maximum sentence a sessions judge of district court may award to a convict is capital punishment.
Section 41 of the Code of Criminal Procedure, 1973 provides a 9-point checklist which must be used to decide the need for an arrest. [16] In 2014, Arnesh Kumar Guidelines were formulated by the Supreme Court stating arrests should be an exception, in cases where the punishment is less than seven years of imprisonment.
However, High Courts civil and criminal jurisdiction applies only if subordinate courts are not authorized to try matters for lack of pecuniary or territorial jurisdiction. High Courts may enjoy original jurisdiction in certain matters if so designated in a state or federal law. For example, company law cases are instituted only in a high court.
Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime. It is relevant in three distinct situations: to regulate the relationship between states, or between one state and another;
Jurisdiction Of The Criminal Courts In Inquiries And Trials Chapter 15 Clauses 210 to 222 Conditions Requisite For Initiation Of Proceedings Chapter 16 Clauses 223 to 226 Complaints To Magistrates Chapter 17 Clauses 227 to 233 Commencement Of Proceedings Before Magistrates Chapter 18 Clauses 234 to 247 The Charge Form Of Charges (234 to 240)
The Indian Penal Code formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. This law was later repealed and replaced by Bharatiya Nyaya Sanhita (BNS). The Code of Criminal Procedure, 1973 governs the procedural aspects of the criminal law. [29]
Madras Weekly Notes is a law journal reporting criminal judgements of the Madras High Court from 1910 to till date. Citations are formatted as, e.g., "1929 1 MWN(Cr.) 1", where (left to right) 1929 is the year, 1 is the volume, "MWN(Cr.)" is the abbreviated journal name, and "1" is the page number.