After the preliminary inquiry by the Magistrate in a serious offence, of it is found that the offence is of such nature that it should be dealt severely or requires a severe sentence to be awarded which is beyond the powers of the Magistrate, the case is sent to the Sessions court for trial. This is called committing a case to the Sessions Court. A Session Judge (or an Additional Sessions Judge) can award any sentence (imprisonment including life imprisonment as well as fine) authorised by law including the death sentence. A sentence of death, popularly known as a capital sentence, has ,however to be confirmed by the High Court before it can be carried out. A Sessions Judge also hears appeals from the orders of the first class Magistrates. Sessions Judges also exercise revisional powers similar to those exercised by the High Court.
The jurisdiction of every criminal court to try a particular offence is derived from the statute. By consent, the parties cannot confer jurisdiction. The Court of Sessions has jurisdiction once a case has properly come before it, that is, on a legal order of committal. The Assistant Judge can pass any sentence authorised by law except a sentence of death or imprisonment for life or of imprisonment for a term exceeding ten years. Thus serious cases of death, murder, robbery, etc. are tried by the Sessions Judge and not by the Assistant Sessions Judge.
Finally, at the top of the hierarchy, we have the High Courts in every state which also has power of superintendence over all courts subordinate to it. The main functions of the High Court, however, are to hear appeals, revisions and references. All persons convicted by Sessions Judges are entitled to appeal to the High Court. Appeals by the state against the acquittal also lie only to the High Court when the order of acquittal is passed by a Sessions Judge. A sentence of death must be confirmed by the High Court before it can be carried out-whether there is an appeal by the convict or not. Revision cases sent up by the District Magistrate or Sessions Judges are exclusive concern of the High Court.
The High Courts are final court of appeal in all criminal matters except in cases where there has been a failure of justice owing to a misapplication of law or a defect in procedure. An appeal lies to the Supreme Court with the leave of the High Court as provided in the Criminal Procedure Code or under Article 134 of the Constitution of India. In other cases, the Supreme Court has unfettered power to grant special leave to appeal and entertain the appeal under Article 136 of the Constitution of India.
These are three main tiers in our Criminal Courts. In addition, there are the village panchayats and certain special tribunals which are set up for cases under special Acts (these are dealt with separately).
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