Section 6 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 defines the judicial and administrative hierarchy of the Indian criminal justice system at the state level. It serves as the structural skeleton for the entire Sanhita, categorizing the courts that possess the authority to hear cases, grant bail, and deliver sentences.
A high-priority change in the 2023 Sanhita is the best visible simplification of the court structure. By removing “Metropolitan Areas,” the law now provides a uniform hierarchy across both urban and rural India, ensuring consistent justice delivery.
The Hierarchy of Criminal Courts
According to Section 6, besides the Supreme Court (the apex body) and the High Courts (the heads of state judiciaries), there are four primary classes of Criminal Courts in every state:
1. Courts of Session
The Court of Session is the highest criminal court within a district.
- Presiding Officer: A Sessions Judge, appointed by the High Court.
- Jurisdiction: Handles the most serious offences (heinous crimes) such as murder and rape.
- Note: The BNSS has abolished the position of “Assistant Sessions Judge,” further streamlining the top-tier judicial levels.
2. Judicial Magistrates of the First Class (JMFC)
This is the second tier of the judicial hierarchy.
- Role: They handle cases that are not exclusively triable by the Court of Session.
- Enhanced Powers: Under Section 23 of the BNSS, a JMFC can now impose a fine of up to ₹50,000 (increased from ₹10,000 in CrPC) and sentences of up to 3 years. They can also now sentence offenders to community service, a modern addition to Indian law.
3. Judicial Magistrates of the Second Class (JMSC)
These courts handle less severe offences.
- Powers: They can pass sentences of imprisonment up to 1 year and fines up to ₹10,000 (increased from ₹5,000 in CrPC).
4. Executive Magistrates
Unlike the first three classes, Executive Magistrates belong to the executive branch (Administrative Officers like the District Magistrate and SDM).
- Function: Their role is primarily preventive rather than punitive. They maintain law and order, handle public nuisances, and take preventive action to keep the peace.
- Trial Power: They generally do not conduct trials or pass sentences for crimes; they exercise administrative and quasi-judicial powers.
Major Shift: The End of “Metropolitan” Distinction
In the previous CrPC 1973, cities with a population of over one million were designated as “Metropolitan Areas” and had “Metropolitan Magistrates.”
- The Reform: The BNSS has abolished the distinction of Metropolitan Areas.
- Uniformity: Now, whether in Mumbai or a small village, the courts are uniformly classified as Judicial Magistrates of the First or Second Class. This is a proven step toward making the legal system less complex and more visible to the common citizen.
Comparison Table: BNSS vs. CrPC (Section 6)
Practical Application for Law Practitioners
For a case to rank high in procedural accuracy, the lawyer must file it in the correct court based on the First Schedule of the BNSS.
- Serious Crimes: Must be committed to the Court of Session.
- Standard Crimes: Usually begin at the Judicial Magistrate First Class level.
- Peace Maintenance: Applications are made before the Executive Magistrate.
This new classification represents the best effort of the legislature to modernize the court infrastructure for the 2026 legal era.
