Types of Courts
There are two types of courts, civil and criminal courts. first one deal with civil matters and another one deals with crime against animals.
Types of Courts:
- Civil courts deals with the civil matters relating to the individual claims of monetary transactions, property etc.
- Criminal courts deals with the crimes against animals etc.
Highest Courts
- Highest judicial court at national level is supreme court.
- Highest judicial court at state level is high court.
Supreme Court
- Highest court in the country.
- Has powers of superintendence over all high courts.
- Law declared by Supreme Court, becomes the law of the country and is binding on all courts and tribunals.
- Has got the authority to hear appeals against the judgments of high courts of the states.
High Court
- Highest judicial at state level.
- Got full control over the judicial institutions in the state.
- Got authority of hearing appeals against judgments passed by lower courts.
- Got powers of appointing and transfer of subordinates judges and judicials while the executive magistrates are appointed by State Govt.
Criminal Courts
There are 3 classes of criminal courts:
- The High Courts
- The Courts of Sessions
- The Courts of Magistrates
Classes of Magistrates
- Judicial magistrates of the first class present in every district as Chief Judicial Magistrates for the purpose of general control in every district. Similarly in every metropolitan area like New Delhi, Mumbai, Kolkata, Chennai, Chief Metropolitan Magistrates acts as Judicial Magistrates of first class.
- The above two magistrates are appointed by High court. The High Court may also appoint Special Judicial Magistrates and Special Metropolitan Magistrate for a term not exceeding one year. The Judicial Magistrate of first class when placed in change of a subdivision is known as the Sub-Divisional Judicial Magistrates.
- Judicial magistrate.
- Chief judicial magistrates.
- Additional judicial magistrates.
- Judicial magistrates of the 1st class or of the 2nd class.
- Sub-divisional judicial magistrates.
- Special judicial magistrates.
- Chief metropolitan magistrates.
- Additional metropolitan magistrates.
- Special metropolitan magistrates.
- Executive magistrate.
- District magistrates.
- Additional District magistrates.
- Special Executive magistrates.
Sentence which High Courts and Sessions Judges may pass:
- High Court may pass any sentence authorized by law.
- Session Judges or Additional Session Judges may pass any sentence authorized by law; but any sentence of deaths passed by any such Judge shall be subject to confirmation by the High Court.
- Assistant Session Judge may pass any sentence authorized by law expert a sentence of death or imprisonment for life or of imprisonments for a term exceeding ten years.
Sentence which Magistrates may Pass
- Chief Judicial Magistrate may pass any sentence authorized by law expect a sentence of death or imprisonment for life or imprisonment for a term not exceeding seven years.
- Magistrates of the first class may pass a sentence of imprisonment for a term not exceeding 3 years or of fine not exceeding five thousands rupees or of both.
- Magistrates of the second class may pass a sentence of imprisonment for a term not exceeding not one year or of five not exceeding one thousand rupees or of both.
- Chief metropolitan magistrates shall have the power of the court of a chief judicial magistrate.
- Metropolitan magistrate have the power of the court of a magistrate of the first class.
- Executive magistrates may award such term of imprisonment in default of payment of fine as authorized by law.
Subpoena or Summons
Subpoena or summons is a document compelling the attendance of a witness in a court of law under a penalty. When summons is served to the witness the must do so punctually.
Non-compliance of witness in a criminal case may render him liable to fine or imprisonment unless a reasonable excuse is forthcoming.
Oaths
“Oaths” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a court of justice or not.
On the witness box, before your evidence is taken, you are to be “sworn”. i.e., you have to state an oath that the evidence you are going to give touching the matter before the court shall be the truth, the whole truth and nothing but truth. Then only your evidence is recorded by the judge.
Perjury is wilful utterance of falsehood under the oath. The witness liable to be prosecuted for Perjury under section 193 of IPC. if he fails to state what he known or believes to be true.
