Updated: Mar 2, 2022
THE CODE OF CRIMINAL PROCEDURE, 1973
Classes of Criminal Courts: Sn.6. Cr.P.C. Below the High Court, the following Criminal Courts are constituted. (i) Sessions Court
(ii) I class Judicial Magistrate, (iii) II Class Judicial Magistrate
(iv) Executive Magistrate. The III class Magistrates have been abolished. The Judicial Magistrates and Executive Magistrates are given different and distinct functions and powers under the Cr.P.C.
Executive Magistrates: The State Government may appoint Executive Magistrates in each district and one of them as District Magistrate and if need be another as Additional District Magistrate. A Commissioner of Police may be vested with the powers of an Executive Magistrate. Executive Magistrates have jurisdiction in various cases: (i) Sn.107 Order to execute bond for keeping peace, (ii) Sn. 129 Dispersal of assembly by use of Civil force, (iii) Sn.144 Urgent cases of Nuisance etc. (iv) Sn.145 Disputes as to Possession of immovable property. Public Prosecutor and A.P.P. The State Government has the power under Cr.P.C. to appoint Public Prosecutors at the High Court level and at district level is Consultation with the High Court and the Sessions Court.The District Magistrate prepares a panel of names who are fit to be appointed as Public Prosecutors. The minimum qualifications is at least 7 years practice as an Advocate. The Public Prosecutor is a public servant. Asst. Public Prosecutors are appointed by State Govt. in each district for conducting prosecution in Magistrates Courts. No Public Officer below the rank of a Police Inspector and who has made investigation in the case can be appointed as A.P.P. Office of the A.P.P. is the creation of the new Cr.P.C. A.P.P. may appear before Magistrates court. He is not under the control of the Police Department.