CLASSES, POWERS AND JURISDICTION OF CRIMINAL COURTS

1-Relevant Provision

> Classes of Criminal Courts

Section 6, 9, 14

> Power of Criminal Courts

Section 28 to 34

> Jurisdiction of Criminal Court

Section 177 to 189

2-Classes of Criminal Court

There are Three Classes of Criminal Court 

i-High Court

ii-Court of Session

iii-Court of Magistrate

I-High Court.

Hight Court means the highest Court of criminal appeal or revision for a province and Islamabad capital territory U/S 4 (j)

II-Court of Session

The provincial government 8s empowered to establish a court of Session for each session division and appoint a judge of such court. Provincial government may also appoint additional session judges and assistant session judges.

III-Court of Magistrate 

Court of Magistrate means a judicial Magistrate and includes a special judicial Magistrate appointed u/s 12 and 14 of CrPC.

>There are further classes of Magistrate as are Following,

a-Magistrate of class 1st

b-Magistrate of class 2nd

c-Magistrate of class 3rd

3-Power of Criminal Court To Award Sentence

I-Offence under Penal Code

Subject to other provision of this code any offence under PPC Maybe tried

a-by high court

b-by court of session 

c-by any other court by which such offence is shown in Eighth Column of second schedule.

II-Power of High Court to Pass Sentence 

High Court pass any Sentence authorized by Law.

III-Power of Court of Session and Additional Session Judges to Sentence. 

A session or Additional session judge may pass any Sentence authorized by law but any sentence of death passed by any such judge shall be subject to Confirmation by High Court. 

An assistant session judge may pass any Sentence authorised by law except a Sentence of death or of imprisonment for a term exceeding Seven years.

IV-Power of Magistrates to Pass Sentence. 

i-Magistrate of Class 1st

Imprisonment not exceeding Three years including solitary confinement and fine not exceeding Rs 45000

ii-Magistrate of Class 2nd

Imprisonment not exceeding One year including solitary confinement and fine not exceeding Rs.15000

iii-Magistrate of Class 3rd

Imprisonment not exceeding One year and fine not exceeding Rs.3000

iv-Power of Magistrate to Sentence Imprisonment in default of Fine.

The court of Magistrate may award such term of Imprisonment in default of payment of fine as authorized by law in such default. 

Provided That

The term is not in excess of Magistrate power

The period of Imprisonment in default of payment of Fine shall not exceed.

v-Offence Not Punishable with Death.

The Provincial government may invest any Magistrate of 1st class with power to try as a Magistrate all offences not Punishable with death. Judicial Magistrate with power u/s 30 is authorised to pass Sentence of Imprisonment up to Seven year.

vi-Offence under Other Law.

Subject to other provisions of code, any offence under any other law shall when any court is mentioned in this behalf in such law, be tried by such Court.

When no Court is mentioned, it may be tried by High Court or Subject as aforesaid by court constituted under code by which offences shown in 8th column of 2nd schedule.

4-Jurisdiction of Criminal Court. 

I-What is Jurisdiction?

Jurisdiction means the territory within which power can be exercise.

II-General Rule.

General rule is that every offence shall ordinary be inquired in and ried by a court within the local limits of whose Jurisdiction it was committed. 

III-Exception to General Rule

The offence tried by the court in whose Jurisdiction it was committed but there are some EXCEPTIONS to General Rule,

i-Cases to be tried in different session division. 

The Provincial government may direct that any cases or class of cases in any district sent for trial to a court of session Maybe tried in any session division. 

But such direction is not repugnant to any direction previously issued by High Court.

ii-Cases to be tried where act is done or when consequences ensue.

An offence by reason of anything which has been done,

Of any consequence which has been ensue within local limits of whose Jurisdiction 

Any such thing has been done or any such consequence has been ensue.

iii-Cases in which an act is offence by reason of relation to another offence.

When an Act is offence by reason of its reaction to any other act which is also an offence the charge of first mentioned offence Maybe inquired amin or tried by court within local limits of whose Jurisdiction either act was done.

iv-Case where Jurisdiction is uncertain. 

When it is uncertain that in which several local areas an offence was committed or

Where an offence is committed partly in One local area and partly in Another local area 

Where it consist of several acts done in different local areas

It may inquired in or tried by a court having Jurisdiction over any of such local area.

v-Offence Committed on Journey 

An offence committed whilst the offender in the cause of performing a journey or voyage Maybe inquired in or tried by a court through or into local limits of whose Jurisdiction offender passed in course of journey voyage.

vi-Cases triable by Two or more Courts 

It shall be decided by High Court, where two or more courts subordinate to same Hugh Court ought to inquired in or tried

Where two or more Courts not subordinate to same High Court, the High Court within the local limits of whose appellate Jurisdiction proceedings where first commenced may direct trial of such offender to held in any court subordinate to it.

vii-Offence Committed Outside Pakistan. 

When a citizen of Pakistan commits an offence at any place without any beyond limits of Pakistan 

When a servant of state commits offence whether citizen of Pakistan or not OR

Where any person commits an offence on any ship or aircraft registered in Pakistan 

He may be dealt with in respect of such offence as if it had been committed at any place within Pakistan. 

Conclusion.