#BNSS Chapter 6 Explained

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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.

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BNSS Chapter 2 Explained: Understanding the Structure of Criminal Courts and Legal Offices in India

When we talk about law and justice, the very foundation lies in how the system is structured. India’s legal framework is not just about laws and punishments—it’s also about who enforces them, where, and how. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) brings forward a refreshed and systematic approach to criminal law, and Chapter 2 specifically focuses on how criminal courts and key offices are constitutionally organized.

This chapter—comprising Sections 6 to 20—lays out in detail how criminal courts are categorized, who heads them, how their jurisdiction is defined, and what roles prosecutors play in the system. Let’s walk through these sections in simple, everyday language so anyone—whether a law student or a concerned citizen—can understand how justice works behind the scenes.

Section 6 – Different Types of Criminal Courts in India

This section sets the stage by listing the primary criminal courts operating in every State and Union Territory (excluding military courts). These are:

Courts of Session

Judicial Magistrates of First Class

Judicial Magistrates of Second Class

Executive Magistrates

Each court handles different types of matters based on the seriousness of the case. While a Sessions Court usually hears major criminal offences like murder or rape, Judicial Magistrates deal with less severe crimes such as theft or local disputes. Executive Magistrates, on the other hand, are not trial courts but take on administrative and preventive roles to maintain public order.

Section 7 – How States are Divided for Judicial Purposes

Every state in India is broken down into sessions divisions and districts for smooth judicial administration. The State Government, in consultation with the High Court, determines how this division takes place.

For example, Delhi may have multiple sessions divisions, each encompassing a few districts. These divisions define where and how far a particular court’s powers extend. Without such territorial boundaries, it would be impossible to assign responsibility or track jurisdiction properly.

Section 8 – The Court of Session

This section describes how each sessions division must have a Court of Session, which is essentially the topmost trial court in that division for criminal cases. These courts are set up by the State Government, but the judges are appointed by the High Court.

These courts deal with serious offences and are presided over by a Sessions Judge, assisted by Additional or Assistant Session Judges. The Sessions Judge has the power to pronounce strong punishments, including life sentences or even capital punishment—although death sentences must be confirmed by the High Court.

Section 9 – Judicial Magistrate Courts

In each district (excluding metropolitan areas), the State Government—after checking with the High Court—can create Judicial Magistrate courts. These include:

First Class Judicial Magistrates, who hear moderately serious criminal cases.

Second Class Judicial Magistrates, who deal with relatively minor offences.

They form the base of the criminal justice system and handle the bulk of local criminal cases.

Section 10 – Role of Chief and Additional Chief Judicial Magistrates

Every district is required to have a Chief Judicial Magistrate (CJM). The High Court appoints this officer, who is responsible for overseeing all other Judicial Magistrates in the district. If needed, the court may also appoint an Additional CJM to help manage the workload.

These positions are vital to ensuring that local courts operate efficiently, and justice is delivered promptly.

Section 11 – Appointment of Special Judicial Magistrates

In certain situations, where regular courts are overwhelmed or a special kind of expertise is required, the High Court can appoint Special Judicial Magistrates. These are often retired judges or legal professionals who are temporarily empowered to hear specific kinds of cases or serve in particular regions.

This provision ensures flexibility in the judicial system.

Section 12 – Jurisdiction of Judicial Magistrates

This section answers a simple question: Where does a particular Magistrate have authority? The Chief Judicial Magistrate can define the local boundaries within which each Judicial Magistrate can operate. For example, one Magistrate may be assigned only to cases from a certain block or taluka within a district.

This keeps things clear and avoids overlapping of duties.

Section 13 – Chain of Command Among Judicial Magistrates

No court system can work without a proper hierarchy. This section establishes that:

All Judicial Magistrates are subordinate to the Chief Judicial Magistrate

Ultimately, all Judicial Magistrates in a sessions division are under the general supervision of the Sessions Judge

This chain of command ensures accountability, monitoring, and coordination across the judicial setup.

Section 14 – Who Are Executive Magistrates?

While Judicial Magistrates conduct trials, Executive Magistrates are more concerned with preventive and administrative functions like issuing orders during communal tensions, enforcing curfews, or maintaining peace during protests.

They are usually appointed from the civil administration (like IAS officers) by the State Government for each district or sub-division.

Section 15 – Special Executive Magistrates

Much like the earlier provision for Special Judicial Magistrates, this section allows for Special Executive Magistrates to be appointed in urgent or special circumstances. This could include managing large public events, festivals, or areas prone to recurring law and order issues.

Section 16 – Jurisdiction of Executive Magistrates

Executive Magistrates, too, have local jurisdictions defined by the State Government. These boundaries help prevent any confusion in administrative duties, ensuring each officer knows their area of responsibility—be it a district, a sub-division, or a specific town.

Section 17 – Reporting Structure for Executive Magistrates

Executive Magistrates are not independent. They work under the District Magistrate (DM) and, in sub-divisions, also report to the Sub-Divisional Magistrate (SDM). This reporting structure enables effective governance and smooth coordination between civil and police administrations.

Section 18 – Role of Public Prosecutors

When a criminal case reaches trial, it’s the Public Prosecutor who represents the State. Appointed by the State Government, they act on behalf of the people and the justice system. Public Prosecutors present evidence, question witnesses, and argue cases in Sessions Courts.

Importantly, their role is not just to get a conviction—they must ensure the trial is fair and just.

Section 19 – Assistant Public Prosecutors (APPs)

For cases in the Magistrate courts, the State appoints Assistant Public Prosecutors. These officers handle routine but essential cases like thefts, assaults, and public disturbances. They ensure that everyday crimes are also prosecuted efficiently and fairly.

Section 20 – Establishing the Directorate of Prosecution

To maintain consistency and quality in criminal prosecutions across the state, the State Government may create a Directorate of Prosecution. This body is headed by a Director of Prosecution, typically a senior legal officer, and oversees the work of all Public and Assistant Public Prosecutors.

This centralized structure ensures better training, coordination, and legal integrity in how the government prosecutes cases.

Why BNSS Chapter 2 Is the Backbone of Criminal Justice

Justice doesn’t just depend on laws—it depends on how those laws are implemented, and by whom. Chapter 2 of the BNSS makes sure that every role is clearly defined, every court knows its limits, and every legal officer—from the Sessions Judge to the Assistant Public Prosecutor—understands their place in the system.

By modernizing and clarifying the structure of criminal courts and prosecution offices, the BNSS takes a big step towards a faster, fairer, and more transparent legal system in India.