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A Sessions Court or even known as the Court of Sessions Judge is a court of law which exists in several Commonwealth countries. A Court of Session is the highest criminal court in a district and the court of first instance for trying serious offences, i.e., those carrying punishment of imprisonment of more than seven years, life imprisonment, or death.
Sessions Court is a type of lower court in Bangladesh that deals with criminal cases. The Code of Criminal Procedure enables government to establish sessions court in every district or metropolitan city of Bangladesh. [1] Based on location of establishment, Sessions courts are two type, namely
With the introduction of Metropolitan Police, the amended version of CrPC made it essential for the government to establish separate courts for metropolitan cities. Since then, Metropolitan Sessions Courts have been established in Bangladesh. [1] For districts, both of criminal and civil courts are housed in same facility. Those are usually called District and Session Judge Court. [2] [3]
Based on the type of adjudicator, Sessions Courts are of two types, those being Court of Sessions Judge and Court of Magistrate. Court of Sessions Judge is presided over by a Judge appointed by the government and Courts of Magistrate are presided by a Judicial Magistrate. Court of Magistrate is under control of and subordinate to the Sessions Judge. [4]
The CrPC enables Sessions Judge to pass any sentence authorized by law. But any death sentence passed by such judge needs the confirmation from the High Court Division. [5]
District court is referred to as sessions court when it exercises its jurisdiction on criminal matters under Code of Criminal procedure (CrPc)
As per section 9 of CrPc, the court is established by the State Government for every sessions division. The court is presided over by a Judge, appointed by the High Court of that particular state. The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges in this court. [6]
In Indian cities, the Sessions Court is responsible for adjudicating matters related to criminal cases. [7] The court is responsible for cases relating to murders, theft, dacoity, pick-pocketing and other such cases.
In Mumbai there are two courts, the main one being in the Kala Ghoda region of South Mumbai, the second in Dindoshi in the suburban area of Malad. [8]
Sessions court has the power to impose the full range of penalties for criminal acts, including the death penalty. [9]
Originally, the Sessions Courts heard each case continuously in sessions and delivered judgements immediately on completion of arguments. Hence the name 'Sessions Court' meant that the cases would be disposed off expeditiously. One of the important reasons for delays in the Indian and Pakistani Judicial System, is that the concept of 'Sessions' is observed only in breach due to repeated adjournments, loop holes in the case papers and backlog of cases. The Government of India has not found a solution to this endemic problem.
Somewhat like the former Quarter Sessions in England, but does not exceed RM1,000,000 as per ss 65(1)(b), 73(b), 93(1) of the Subordinate Courts Act 1948 (SCA). [10] The exception however is in matters relating to motor vehicle accidents, landlord and tenant and distress, where the Sessions Courts have unlimited jurisdiction pursuant to s 65(1)(a)SCA. [11] Also, by virtue of s 65(3) SCA, the parties to a legal action may enter into an agreement in writing to grant jurisdiction to the Sessions Court to try an action beyond its prescribed monetary jurisdiction aforesaid.
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.
Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law, as well as Islamic jurisprudence.
The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.
The district courts of India are the district courts of the state governments in India for every district or for one or more districts together taking into account of the number of cases, population distribution in the district. They administer justice in India at a district level.
The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.
The judiciary of India is a system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times. The Constitution of India provides concept for a single and unified judiciary in India.
Bangladesh is a common law country having its legal system developed by the British rulers during their colonial rule over British India. The land now comprises Bangladesh was known as Bengal during the British and Mughal regime while by some other names earlier. Though there were religious and political equipments and institutions from almost prehistoric era, Mughals first tried to recognise and establish them through state mechanisms. The Charter of 1726, granted by King George I, authorised the East India Company to establish Mayor's Courts in Madras, Bombay and Calcutta and is recognised as the first codified law for the British India. As a part of the then British India, it was the first codified law for the then Bengal too. Since independence in 1971, statutory law enacted by the Parliament of Bangladesh has been the primary form of legislation. Judge-made law continues to be significant in areas such as constitutional law. Unlike in other common law countries, the Supreme Court of Bangladesh has the power to not only interpret laws made by the parliament, but to also declare them null and void and to enforce fundamental rights of the citizens. The Bangladesh Code includes a compilation of all laws since 1836. The vast majority of Bangladeshi laws are in English. But most laws adopted after 1987 are in Bengali. Family law is intertwined with religious law. Bangladesh has significant international law obligations.
The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) was the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
Courts of Judicial Magistrate of First Class, Judicial First Class Magistrate Courts, or Judicial Magistrate First Class Courts are at the second lowest level of the Criminal Court structure in India. According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification.
Courts of Metropolitan Magistrate are at the second lowest level of the Criminal Court structure in India According to the Section 16 of the Criminal Procedure Code, 1973 (CrPc),in every metropolitan area, there shall be established as many courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify. Metropolitan Courts are to be established at such places in every metropolitan area having population of ten lakh or more. It has jurisdiction throughout such metropolitan area. The presiding officers of such courts shall be appointed by the High Court.
The Executive Magistrate is the magistrate of the executive organ of the People's Republic of Bangladesh. The members of the Bangladesh Civil Service (Administration) i.e. Bangladesh Administrative Service are the Executive Magistrates. They usually exercise vast executive and limited judicial power in their respective jurisdiction.
The Judiciary of Bangladesh or Judicial system of Bangladesh is based on the Constitution and the laws are enacted by the legislature and interpreted by the higher courts. Bangladesh Supreme Court is the highest court of Bangladesh. The jurisdiction of the Supreme Court of Bangladesh has been described in Article 94(1) of the Constitution of Bangladesh. It consists of two divisions, the High Court Division and the Appellate Division. These two divisions of the Supreme Court have separate jurisdictions.
The Appellate Division, Supreme Court of Bangladesh is the appellate court in Bangladesh. The Appellate Division is the final court of appeal for all civil and criminal cases, with appellate review authority over judgements of the High Court Division.
Metropolitan Session court is a type of Sessions Court which are situated in metropolitan cities of Bangladesh. These types courts are exclusively criminal court to deal with only criminal cases. Judges appointed to such courts do not hear or try any civil matter, unlike judges of session courts in districts. According to the Code of Criminal Procedure (Bangladesh), a Session Judge shall be established by the Government in each of metropolitan city. Initially, two types of courts, the Courts of Sessions and the Courts of Magistrates were recognized by the code. The code was amended in 1976 with the introduction of the metropolitan police and came to effect in 1979. This amended ordinance made it essential for the government to establish the separate metropolitan session courts for metropolitan areas. Currently, there five Metropolitan courts are in function in Bangladesh.
Deputy Commissioner or District Magistrate is the chief administrative and revenue officer of a district or an administrative sub-unit of a division. According to the Code of Criminal Procedure of Bangladesh, the Government shall appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.
Metropolitan Court is a different type of court found in the metropolitan city of Bangladesh. As per the Criminal Procedure Code (CrPC) of 1898, the constitution, procedure, forces and jurisdiction of this court are resolved. The Code of Criminal Procedure used to acknowledge two sorts of courts: the Sessions court and the Judge court.
Chief Metropolitan Magistrate court is a type of Metropolitan Magistrate Court which is found in the metropolitan cities of Bangladesh. These courts are presided by the Chief Metropolitan Magistrate as per the Code of Criminal Procedure of Bangladesh. These courts are under the control to the Metropolitan Session Judge Courts. The amended form of the Criminal Procedure Code gives the government the power to appoint a Chief Metropolitan Magistrate and other magistrates in a metropolitan area. The provision of recruitment of one or more Additional Chief Metropolitan Magistrates is also directed.
Metropolitan Magistrate Court is special type of magistrate court which is only found in metropolitan areas of Bangladesh. The 1976 instruct the government of Bangladesh to establish separate type of courts only for the metropolitan area.
Metropolitan Sessions Judge Court is a type of sessions court that is only found in metropolitan cities of Bangladesh. Metropolitan Sessions courts only deal with the criminal cases of metropolitan areas. These courts are presided by the sessions judges. Sessions Judges are appointed by the government according to the 2009 amendment of Code of Criminal Procedure of Bangladesh.
Chief Judicial Magistrate's Court or Court of Chief Judicial Magistrate is the second tier court in the criminal court structure in India. Court of Chief Judicial Magistrate is the apex body of the Criminal Judiciary at the district level, and it is presided over by the Chief Judicial Magistrate. The Chief Judicial Magistrate shall be the in-charge of the Magistrate Courts in the districts. Every district shall have a Chief Judicial Magistrate's Court and in addition to this there shall be additional Chief Judicial Magistrate's Courts. Judicial First Class Magistrates work under the Chief Judicial Magistrate. The Chief Judicial Magistrates are appointed by the respective High courts of India. The Chief Judicial Magistrates works under principal district judge. In the hierarchy of criminal courts, the Chief Judicial Magistrate's Court is below the Principal District and Sessions Court and above the Sub-Divisional Judicial Magistrate Court and the Judicial First Class Magistrate Court.
