The division of the law into civil and criminal serves to describe the two categories that are sharply distinguished for the administration of justice, for as a general rule,civil cases are dealt with one set of hierarchy of courts known as civil courts and criminal cases by another known as criminal courts. The terms are not clearly defined any-where, but civil courts closely different from criminal courts. In the plain terms the proceedings of courts in which civil cases are determined are properly termed as civil proceedings and those of courts in which criminal cases are dealt with are known as criminal proceeding s. As civil and criminal proceedings are dealt with by different courts, the procedure and law applicable are also different. The expression ' civil proceedings' covers all proceedings in which a party asserts the existence of a civil right conferred by civil law or by statute and claims relief for breach thereof.
A criminal proceeding, on the other hand, is ordinarily one which, if carried to its conclusion, may result in the imposition of sentences such as death, imprisonment, fine or forfeiture of property. These proceeding involve the consideration of some charge of crime, that is of an offence against public law, and that charge is preferable before a court or tribunal which has or claims the jurisdiction to impose punishments such fines, imprisonment, etc. It also includes proceedings to prevent a breach of peace, orders to bind down persons who are said to be a danger to maintenance of peace or order. But is difficult to totally differentiate between civil and criminal proceedings. There are certain proceedings which may be both civil and criminal or which may be neither but may be categorised as 'other proceedings'. The Supreme Court of India in one case observed that " the character of the proceedings' depends not upon the nature of the Tribunal which is invested with the authority to grant relief, but upon the nature of the right violated and the appropriate relief which may be claimed and ultimately may be granted. Criminal proceedings, usually called a prosecution, cannot ( with certain exceptions such as a court order to pay fine if recovered to the injured person or his family or as in motor accident cases) result in any monetary gain to the person injured, for , if the accused is fined, the money goes to the State. A person injured by a crime may start a prosecution but as he can get nothing out of it other than the satisfaction of his outraged dignity, the prosecution is mostly conducted by the State, that is, the police through the public prosecutor. There are certain injuries where both types of proceedings can be initiated, for example, libel/defamation. The plaintiff may ask for damages and if he/she is successful, the defendants will not go to jail; but where there is no chance of getting money from the defendant, criminal proceedings may be initiated. In practice, it is not difficult to distinguish criminal and civil proceedings by the test of 'punishment' or 'monetary compensation'.
Present-day criminal courts lie on three separate rungs of an an ascending ladder. In every district, there are courts of Judicial Magistrates of the first class and second class. One of the magistrate of the first class is appointed Chief Judicial Magistrate of the court and the court is designated as the court of Chief Judicial Magistrate by the High Court, which is subordinate to the Sessions Judge. The Chief Judicial Magistrate can pass sentence of imprisonment or impose fine authorised by law but cannot award death sentences or life imprisonment or imprisonment for a term not exceeding seven years. The Sessions Court is subordinate to the High Court.
In metropolitan cities such as Delhi, Bombay, Calcutta and Madras, which were formerly called presidency towns, the courts are known as the Courts of Metropolitan Magistrates and the Chief Metropolitan Magistrate has the powers of a Chief Judicial Magistrate, while the Metropolitan Magistrate has the powers of a Magistrate of the first class. Ahmadabad is also considered a metropolitan city now.
High Court
Apex Court in the State
(In every metropolitan city and district)
Sessions Judges Additional Sessions Judge/
Assistant Sessions Judge
Courts of Sessions
Executive Magistrate Chief Metropolitan Magistrate
Municipal Magistrate
Panchayat Courts Metropolitan Magistrate (in metropolitan city)
Sessions and Additional Sessions Judge
Chief Judicial Magistrate, first class
Additional Judicial Magistrate
Judicial Magistrate, second class (in districts)
Criminal offences are assigned to a different hierarchy of courts according to the nature of the offence and the power of the court to award sentences.
In every district in a state, the High Court appoints a Judicial Magistrate of the first class who is called the Chief Judicial Magistrate. The High Court can also appoint more Judicial Magistrates of the first class, who are designated as Additional Chief Judicial Magistrate. In a sub-Division Judicial Magistrate; except for the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate has and exercises the power given to him by the High Court.
The High Court can confer powers of a first class magistrate upon any person in a particular case and he or she is known as a special Judicial Magistrate. Such magistrates are appointed for a particular term, generally not exceeding one year, and they try such cases as may be allotted to them.These Additional Chief Judicial Magistrates can exercise jurisdiction in the areas allotted to them.
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