Section 6 CrPC: Classes of Criminal Courts in India
Section 6 of the Code of Criminal Procedure, 1973 (CrPC) identified the principal classes of criminal courts in every State. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which took effect on 1 July 2024, now governs criminal procedure subject to applicable saving and transitional provisions.
Text and meaning of Section 6 CrPC
Section 6, titled Classes of Criminal Courts, provided that, besides the High Courts and courts constituted under laws other than the CrPC, every State would have the following classes of criminal courts:
- Courts of Session;
- Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;
- Judicial Magistrates of the second class; and
- Executive Magistrates.
This list did not exhaust all courts exercising criminal jurisdiction: High Courts and courts constituted under other legislation were expressly recognised separately.
Section 6 BNSS, 2023: Current classes of criminal courts
Under Section 6 of the BNSS, besides the High Courts and courts constituted under other laws, the following classes of criminal courts are specified in every State:
- Courts of Session;
- Judicial Magistrates of the first class;
- Judicial Magistrates of the second class; and
- Executive Magistrates.
The BNSS framework does not separately retain the CrPC category of Metropolitan Magistrates in Section 6. The relevant court and its powers must be identified under the BNSS, applicable notifications and other governing law.
Role of each class of criminal court
Courts of Session
Sessions Courts deal with serious criminal cases within their jurisdiction and exercise powers conferred by criminal procedure and other applicable laws. The constitution of Courts of Session is addressed in Section 8 BNSS.
Judicial Magistrates of the first class
These judicial officers conduct criminal inquiries and trials within their statutory jurisdiction, including matters allocated to them under the BNSS and other laws. Their courts are dealt with in Section 9 BNSS.
Judicial Magistrates of the second class
These Magistrates exercise judicial powers within the limits set by law, including the trial of offences triable by them and other authorised criminal proceedings.
Executive Magistrates
Executive Magistrates principally perform preventive, regulatory and public-order functions conferred by statute. They are distinct from Judicial Magistrates, whose principal role is judicial adjudication. Section 14 BNSS addresses Executive Magistrates.
How the CrPC and BNSS apply after 1 July 2024
The BNSS repealed the CrPC through Section 531, subject to savings for specified pending proceedings and other matters. Whether an individual proceeding is governed by the former CrPC or the BNSS depends on the transitional rules and facts of that proceeding. A court's classification alone does not determine its sentencing powers or territorial jurisdiction.
Official legal references
Consult the India Code official legislation portal for the text of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), particularly Sections 6, 8, 9, 14 and 531, and the Code of Criminal Procedure, 1973 (Act 2 of 1974), particularly Section 6. See also the Ministry of Home Affairs for criminal law implementation notifications and official updates.
Frequently asked questions
What does Section 6 CrPC define?
It identifies four classes of criminal courts, including Metropolitan Magistrates within the first-class Magistrate category for metropolitan areas.
What is the equivalent provision under BNSS?
Section 6 BNSS lists Courts of Session, Judicial Magistrates of the first and second classes, and Executive Magistrates.
Are High Courts included in these four classes?
No. Both provisions refer to High Courts separately from the listed classes of criminal courts.
Legal information is provided for general reference. Check the current statutory text, notifications and applicable case law for a particular matter.