Section 6 BNSS: Classes of Criminal Courts (Formerly Section 6 CrPC)

Section 6 of Bharatiya Nagarik Suraksha Sanhita, 2023: Classes of Criminal Courts

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—

(i) Courts of Session;

(ii) Judicial Magistrates of the first class;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

Legal Commentary & Landmark Judgments: Section 6

Section 6 establishes the constitutional and statutory hierarchy of criminal courts in India, creating five distinct classes of criminal courts subordinate to the Supreme Court and High Courts.

Classes of Criminal Courts: Establishes: (1) Courts of Session; (2) Judicial Magistrates of the first class; (3) Judicial Magistrates of the second class; and (4) Executive Magistrates.
Uniform National Architecture: Abolishes the archaic distinction of Metropolitan Magistrates, establishing uniform courts across rural and urban territories.
Separation of Judiciary from Executive: Separates judicial functions (vested in Judicial Magistrates) from preventive/administrative functions (vested in Executive Magistrates).

Key Landmark Precedents:

All India Judges' Association v. Union of India (2002) 4 SCC 247: The Supreme Court underscored the constitutional imperative of maintaining a unified, independent subordinate judiciary across all States.
State of Maharashtra v. Labour Law Practitioners' Association (1998) 2 SCC 688: Reiterated that the term 'judicial service' in the Constitution covers all criminal and civil courts below the High Court, preserving judicial independence from executive dominance.

Courtroom Practice & Strategic Litigation Guidance:

Examine the designated roster and jurisdictional notification of the court. Any attempt by an Executive Magistrate to try substantive offences punishable with imprisonment violates Section 6 and Article 50 of the Constitution.