Section 6 CrPC - Classes of Criminal Courts
Section 6 of the Code of Criminal Procedure, 1973 classified the principal criminal courts functioning in every State, in addition to the High Courts and courts constituted under other laws. This page explains the provision as it applied before implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, subject to the notified exception concerning the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule. Section 6 CrPC remains important for proceedings governed by the earlier Code and for understanding the pre-BNSS criminal court structure.
Text and meaning of Section 6 CrPC
Section 6 - Classes of Criminal Courts.
Besides the High Courts and the Courts constituted under any law, other than the Code of Criminal Procedure, there were four classes of criminal courts in every State:
- 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.
What Section 6 CrPC established
Section 6 formed part of Chapter II of the Code, dealing with the constitution of criminal courts and offices. It did not itself prescribe the full jurisdiction or sentencing power of each court. Instead, it identified the principal classes of subordinate criminal courts. Their constitution, territorial organization, appointment, subordination and powers were dealt with by the succeeding provisions of the Code.
| Class of court | Basic position under the CrPC |
|---|---|
| Court of Session | The principal criminal court at the sessions level. Section 9 dealt with establishment of the Court of Session for every sessions division. |
| Judicial Magistrate First Class | A judicial magistracy exercising criminal jurisdiction subject to the powers and limits conferred by the Code and other applicable law. |
| Metropolitan Magistrate | The magistracy specified by the CrPC for metropolitan areas. The Code separately dealt with Courts of Metropolitan Magistrates. |
| Judicial Magistrate Second Class | A class of Judicial Magistrate with powers defined and limited by the Code and the authority lawfully conferred. |
| Executive Magistrate | An executive magistracy dealt with separately under the Code, including provisions relating to appointment, local jurisdiction and subordination. |
Courts outside the four classes
The opening words of Section 6 are important. The four classes were listed in addition to the High Courts and courts constituted under laws other than the CrPC. Accordingly, Section 6 was not an exhaustive statement of every court or special court that could exercise criminal jurisdiction under Indian law.
Related CrPC provisions
Section 6 should be read with the provisions immediately following it. Section 7 CrPC dealt with territorial divisions; Section 8 CrPC dealt with metropolitan areas; Section 9 CrPC dealt with the Court of Session; and Section 11 CrPC dealt with Courts of Judicial Magistrates.
Position after commencement of BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is now the principal central criminal procedure legislation in force from 1 July 2024. Its Chapter II is also titled "Constitution of Criminal Courts and Offices", and Section 6 is titled "Classes of Criminal Courts". For current proceedings, the applicable statutory and transitional provisions should therefore be checked before relying on the CrPC alone.
Official texts may be consulted through India Code - Code of Criminal Procedure, 1973 and India Code - Bharatiya Nagarik Suraksha Sanhita, 2023.
This article explains the statutory framework for general legal information. The applicable law depends on the date and nature of the proceeding and any relevant special or local law.