Criminal Courts

Criminal Courts

Under the Code of Criminal Procedure, the Criminal Courts (Sessions Courts) exercise their jurisdiction over criminal matters at the district level. As per the Code of Criminal Procedure, section 225 to 237 address the procedures in a trial before the Sessions Court.

A state government sets up a Sessions Court for every sessions division and it is run by a Sessions Court judge. The High Court of the state is responsible for appointing the judge. In case the office of the Sessions Judge is not filled, the High Court can make space to hear any urgent case matter or application through an Additional or an Assistant Sessions Judge or in case of their their absence, by a Chief Judicial Magistrate (CJM).

<iframe width="560" height="315" src="https://www.youtube.com/embed/uviK-VxvIZ0" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

Civil Courts

Civil Courts

Aside from the High Court of a state, the Civil Courts (District Courts) are the main court of original civil jurisdiction and derive their jurisdiction in civil matters mainly through the code of civil procedure.

The court of the District Judge is the highest followed by the courts of the Sub-Judge, Additional Sub-Judge, and Munsif Courts.  Munsif courts are set up in the sub-divisional and district headquarter. All the civil cases are filed in the court of the Munsif. However, a case appeal from the court of the Munsif can be taken to the court of the Sub-Judge or the Additional Sub-Judge. Further, the appeals from the courts of the Sub-Judges and Additional Sub-Judges lie in the District Court.

A District judge is the head of a District court. They are appointed by the state Governor on the advice of that state's High Courts Chief Justice. Along with the District judge, Additional District judges and Assistant District judges are appointed as per the workload of the District courts. 

In order to become a District judge, one needs to appear for a written examination and oral interview by a panel of High Court judges. Additionally, one needs to be registered at the Bar council and should have practiced as a lawyer for a minimum of 7 years. The state government authorizes the appointment of District judges which is called direct recruitment.