BNSS Chapter 6

Understanding BNSS Chapter 6 – Section 6: A Clear Guide to Classes of Criminal Courts in India

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the new Indian criminal procedure law that is replacing the Criminal Procedure Code (CrPC) and prescribes the manner in which the administration of justice in criminal cases is to be conducted. Chapter 6 of BNSS is significant as it prescribes the organizational structure of the criminal courts in India, namely through Section 6, which prescribes the types of criminal courts that are found throughout the states.
This brief section is a crucial part of the prosecution of criminal cases—ranging from serious trials to ordinary administrative cases. It is necessary to familiarize oneself with this format, not only for law practitioners, but also for students, civil service examinees, and even ordinary citizens who would like to know more about the judicial system.

Interpretation of BNSS Section 6: Classes of Criminal Courts

Section 6 of BNSS states:
"Subject to the High Courts and to the Courts of any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, viz.:–
(i) Courts of Session;
(ii) Judicial Magistrates of the first class;
(iii) Judicial Magistrates of the second class;
(iv) Executive Magistrates."

This classification is akin to the organization under the earlier CrPC but now in accordance with the vision of an efficient and technology-driven criminal justice system under BNSS.

Why Court Classification Matters in Criminal Justice

Indian criminal courts are graded or tiered in an attempt to cope with the sheer volume of criminal cases—ranging from theft and assault to murder and crime syndicates. There are various powers, jurisdictions, and authorities of different categories of courts over different categories of criminal cases.

Without the division, all cases would be heard in the same court, leading to unimaginable delay. This system, thus, promotes clear division of work and ensures that justice not only reaches individuals but is delivered at the correct time and in the correct manner.

1. Courts of Session

What are They?

Courts of Session are the higher courts of trial in a district to try serious criminal offenses. Courts of Session are presided over by a Sessions Judge who is appointed by the High Court.

Jurisdiction and Powers:

• Courts of Session rule in cases of heinous crimes, including murder, rape, dacoity, terrorism, and other crimes that may attract capital punishment or life imprisonment.
  
  

• Any sentence allowed by law can be granted by a Sessions Court, such as the death penalty (upon ratification by a High Court).
  
  

• Appeals from lower magistrate courts usually lead to the Sessions Court.
  
  

Importance:

The Court of Session is one of the most important components of the judicial pyramid. It is a court of more serious criminal cases and a court of appeal for decisions of magistrates. It also exercises review jurisdiction over magistrates' decisions within its area of jurisdiction.

2. Judicial Magistrates of the First Class

Who are they?

First Class Judicial Magistrates are senior magistrates with more judicial powers compared to second-class magistrates. They are usually based in large towns or district headquarters.

Powers and Jurisdiction:

• Can try offenses which can be punishable with three years' imprisonment maximum or fine of ten thousand rupees maximum, or with both.
  
  

• They also handle committal proceedings in sessions triable cases.
  
  

• Can issue warrants, grant bail, and take cognizance of offenses ex officio.
  
  

Role in the System:

These magistrates have a crucial role to play in the disposal of an enormous volume of lower-level criminal cases such as rioting, grievous hurt, criminal intimidation, etc. They also serve as a sift stage for more serious cases to the Court of Session.

3. Judicial Magistrates of the Second Class

What are they doing?

These magistrates deal with relatively less severe offenses and typically operate in small towns or villages. They are the first judicial magistrates.

Judicial powers:

• Can attempt offenses punishable with imprisonment for not more than one year or fine not more than five thousand rupees, or both.
  
  

• Handle lesser offenses like theft of low value, breach of peace, simple injury, and public nuisance.
  
  

Importance:

By hearing small criminal cases, Second Class Judicial Magistrates relieve the burden of more superior courts and ensure that local disputes or small offenses are heard and determined within a reasonable period.

4. Executive Magistrates

Who are they?

Unlike Judicial Magistrates, Executive Magistrates are administrative officials, usually of the Indian Administrative Service (IAS) or State Civil Services, who are invested with magisterial powers.

Their Role and Authorities:

• Maintain public peace and order under sections like 144 (prohibitory orders).
  
  

• Deal with preventive orders, curfews, and good behavior bond cases.
  
  

• Take center stage at the time of election, public gathering, natural calamities, or communal conflicts.
  
  

Executive v Judicial:

The most significant difference is that Executive Magistrates are part of the government executive, while Judicial Magistrates are in the judiciary. The dual system is essential so that the law and administration of justice can be balanced in the Indian system.

Comparison with the Earlier Law (CrPC)

The classification under BNSS Section 6 is comparable to the classification under Section 6 of the CrPC, 1973. BNSS has, however, introduced changes in the application of technology, digitalization of procedures, and expeditious trials. The role and classification of courts, however, continue to be the same but now under a reformed procedure regime.

Why This Format Remains Effective in 2025 and Beyond

• Access to Justice: With several levels of courts, poor or affluent, all citizens have access to courts in their area.
  
  

• Workload Management: Different courts handle different cases based on the case nature. This prevents Sessions Courts backlogs.
  
  

• Decentralization: Executive Magistrates can take immediate preventive action at the district level, upholding law and order itself even before the intervention of the judiciary is necessary.
  
  

Real-World Example

If a person is arrested on the offense of stealing a mobile phone, the case would be presented before a Judicial Magistrate of the Second Class. But if the same individual is charged with robbery and armed violence, the case would go to a Court of Session. And if there is disturbance in the locality due to the arrest, an Executive Magistrate may impose Section 144 to manage congregations. This illustrates that each court has a specific but balanced place within the justice system.

Conclusion

According to the BNSS, Chapter 6 - Section 6 is not a roll call of courts but a reflection of India's criminal justice enforcement. By classification as Sessions Courts, Judicial Magistrates of First and Second Class, and Executive Magistrates, the law has attempted to bring about quicker disposal of criminal cases, in the correct manner, with justice to all concerned.

The construction marries legal definiteness with pragmatic convenience and constitutional governance. Now, since BNSS would replace CrPC over a period of time, this very categorization would bestow a time-tested judicial architecture which is now equipped with notions of digital reforms and advanced tools for implementation.

Whether a law student, civil service hopeful, or just an interested and aware citizen, knowing about the classifications of criminal courts will grow your mirroring into how law and justice trickle down to every stratum of the society.