Constitution of Criminal Courts and Their Hierarchy Under BNSS, 2023

With the implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replacing the erstwhile Code of Criminal Procedure, 1973 (CrPC), India's criminal justice administration has undergone a structural modernization. While substantive offences are codified under the Bharatiya Nyaya Sanhita (BNS), the BNSS governs procedural machinery—dictating how criminal investigations proceed, how charges are framed, and how courts are constituted.

For litigants, criminal defence practitioners, and citizens across jurisdictions like Mumbai, Thane, and Mira Road, understanding the constitution of criminal courts and their hierarchy under the BNSS is fundamental. The procedural path of a case—from bail hearings and remand to trial and appeals—depends strictly on which court sits at what tier of this judicial ladder.

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Classes of Criminal Courts under BNSS (Section 6)

Section 6 of the BNSS outlines the foundational classes of criminal courts in every State. Outside the Supreme Court and statutory special tribunals, the standard criminal courts recognized by law are:

1. High Courts (exercising inherent, appellate, and revisional criminal jurisdiction);
2. Courts of Session;
3. Judicial Magistrates of the First Class;
4. Judicial Magistrates of the Second Class; and
5. Executive Magistrates.

A Major Departure: Abolition of the "Metropolitan" Distinction

Under the old CrPC (1973), large cities with populations exceeding one million (such as Mumbai, Kolkata, and Chennai) were notified as "Metropolitan Areas," creating a separate cadre of Chief Metropolitan Magistrates (CMM) and Metropolitan Magistrates (MM).

The BNSS has streamlined this framework by eliminating the distinct classification of Metropolitan Magistrates. Criminal courts are now standardized across districts as Courts of Judicial Magistrates of the First Class (JMFC) and Second Class, bringing procedural uniformity to both urban and non-urban jurisdictions.

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The Hierarchical Structure of Criminal Courts

The hierarchy under the BNSS operates on clear chains of administrative and judicial subordination.

                    Supreme Court of India
                              │
                          High Court
                              │
                       Court of Session
              (Sessions Judge / Addl. Sessions Judge)
                              │
                  Chief Judicial Magistrate (CJM)
                              │
             Judicial Magistrate First Class (JMFC)
                              │
            Judicial Magistrate Second Class (JMSC)

(Note: Executive Magistrates function parallelly for preventive and administrative law-and-order duties).

1. The High Court

The High Court stands at the apex of the state criminal justice system. It possesses wide powers of superintendence, inherent powers to prevent abuse of the process of any court (Section 528 of the BNSS), and concurrent power to grant bail or anticipatory bail. It hears appeals against convictions and death references from the Sessions Court.

2. The Court of Session (Section 8)

Under Section 8 of the BNSS, the State Government establishes a Court of Session for every sessions division.

• It is presided over by a Sessions Judge appointed by the High Court.
• The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session.
• Notably, the post of Assistant Sessions Judge, which existed under the 1973 CrPC, has been omitted under the BNSS to remove redundant intermediate layers.

3. Chief Judicial Magistrate and Additional CJM (Section 10)

In every district, the High Court designates a Judicial Magistrate of the First Class to be the Chief Judicial Magistrate (CJM). The CJM supervises all Judicial Magistrates within the district, distributes judicial business, and exercises specific statutory powers under the BNSS.

4. Courts of Judicial Magistrates (Sections 9 & 11)

• Judicial Magistrate First Class (JMFC): These courts handle trials for offences that carry moderate punishments and conduct remand proceedings for arrested accused persons.
• Judicial Magistrate Second Class: Assigned trials for petty offences carrying limited sentences.
• Special Judicial Magistrates (Section 11): The High Court may confer the powers of a Judicial Magistrate of the First or Second Class upon any person who holds or has held any post under the Government for specific classes of cases.

5. Subordination of Judicial Magistrates (Section 13)

The BNSS maintains a strict chain of command:

• The Sessions Judge supervises the Chief Judicial Magistrate.
• The Chief Judicial Magistrate exercises administrative control over all other Judicial Magistrates in the district, subject to the general control of the Sessions Judge.

6. Executive Magistrates (Section 14)

Executive Magistrates (such as the District Magistrate, Sub-Divisional Magistrate, and Taluka Executive Magistrates) are appointed by the State Government. They do not conduct trials for offences; instead, their role is preventive—focusing on maintaining public peace, issuing orders to prevent imminent nuisance (e.g., Section 163 of the BNSS, formerly Section 144 CrPC), and initiating proceedings for security bonds.

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Sentencing Powers of Criminal Courts Under BNSS

Sections 21 through 25 of the BNSS govern the sentences that various courts may pass:

Court	Maximum Imprisonment	Maximum Fine Authority
High Court	Any sentence authorized by law	Any fine authorized by law
Sessions Judge / Addl. Sessions Judge	Any sentence authorized by law (Death sentence requires confirmation by High Court)	Any fine authorized by law
Chief Judicial Magistrate (CJM)	Imprisonment up to 7 years	Any fine authorized by law
Judicial Magistrate First Class (JMFC)	Imprisonment up to 3 years	Fine up to ₹50,000 (raised from ₹10,000 under CrPC)
Judicial Magistrate Second Class	Imprisonment up to 1 year	Fine up to ₹10,000 (raised from ₹5,000 under CrPC)

Key Update: The BNSS substantially increased the fine-levying power of Magistrates to account for inflation, expanding the financial threshold fivefold for JMFCs and doubling it for Second Class Magistrates.

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Practical Implications for Litigants in Mumbai, Thane, and Mira Road

For matters arising in the Mumbai Metropolitan Region (MMR):

1. Filing of Private Complaints & FIR Remands: Under the BNSS framework, initial appearances and bail applications for offences triable by magistrates proceed before the designated jurisdictional JMFC.
2. Streamlined Appeals: Because the BNSS eliminates intermediate tiers like the Assistant Sessions Judge, appeals against magistrate orders proceed directly to the Court of Session, simplifying the appellate pathway.
3. Technological Integration: The BNSS introduces formal recognition for electronic summons, digital evidence presentation, and virtual remands. Magistrates and Sessions Judges in urban centres like Mumbai and Thane are increasingly conducting procedural hearings through approved audiovisual facilities.

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Frequently Asked Questions (FAQs)

1. Did BNSS abolish Metropolitan Magistrates in Mumbai?

Yes. The BNSS does not retain the separate designation of "Metropolitan Magistrate." All magistrate courts are classified uniformly as Courts of Judicial Magistrates of the First or Second Class under the administrative supervision of the CJM/Sessions Court.

2. Can a Judicial Magistrate First Class (JMFC) award a death sentence or life imprisonment?

No. A JMFC can pass a sentence of imprisonment for a term not exceeding three years and impose a fine not exceeding ₹50,000. Offences carrying life imprisonment or the death penalty are triable exclusively by the Court of Session.

3. What is the difference between an Executive Magistrate and a Judicial Magistrate under the BNSS?

Judicial Magistrates are part of the state judiciary under the control of the High Court and conduct criminal trials, remand hearings, and bail determinations. Executive Magistrates belong to the executive branch of the government and handle law-and-order, administrative security, and preventive measures.

4. Which court confirms a death sentence passed by a Sessions Court under the BNSS?

Under Section 22(2) of the BNSS, any sentence of death passed by a Sessions Judge or Additional Sessions Judge must be confirmed by the respective High Court before it can be executed.

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Legal Guidance for Criminal Proceedings

Navigating criminal litigation—whether seeking regular or anticipatory bail, challenging illegal remand, or defending against charges—requires a precise understanding of judicial hierarchy and jurisdiction under the Bharatiya Nagarik Suraksha Sanhita.

If you require assistance with criminal proceedings, bail applications, or appellate matters in Mumbai, Thane, or Mira Road, contact APS Law to schedule an in-person or virtual consultation with our legal team.