CRIMINAL COURTS IN INDIA : STRUCTURE, JURISDICTION, POWERS AND CONTEMPORARY CHALLENGES

Author

Vandana Dawar, Smt. Roshani Pandey


Abstract

 Criminal courts constitute an essential institution of the Indian criminal justice system. They are responsible for adjudicating criminal disputes, determining the guilt or innocence of accused persons, protecting the rights of victims, and ensuring that criminal liability is imposed in accordance with law. The effectiveness of criminal courts is closely connected with the constitutional principles of equality, personal liberty, judicial independence, and fair trial.

The Indian criminal court system operates within the constitutional framework and the statutory provisions governing criminal procedure, substantive criminal law, and evidence. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which came into force on 1 July 2024, provides the principal procedural framework governing criminal courts and criminal proceedings. The Bharatiya Nyaya Sanhita, 2023 (BNS), and the Bharatiya Sakshya Adhiniyam, 2023 (BSA), govern substantive criminal law and evidentiary matters, respectively, subject to their applicable provisions and transitional arrangements.

This paper examines the historical development, constitutional foundations, hierarchy, jurisdiction, and functions of criminal courts in India. It further analyses important judicial decisions relating to speedy trial, personal liberty, arrest, bail, and fair trial. The paper identifies institutional challenges, including case pendency, undertrial detention, inadequate infrastructure, and barriers to access to justice. It concludes that strengthening criminal courts requires judicial independence, effective case management, adequate resources, and strict adherence to constitutional safeguards.



Keywords

Criminal Courts, Indian Judiciary, Criminal Justice System, BNSS 2023, Fair Trial, Speedy Trial, Fundamental Rights, Access to Justice.



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References


  1. Primary Sources
  2. Constitutional Law
  3. Constitution of India.
  4. Statutes
  5. Bharatiya Nagarik Suraksha Sanhita, 2023.
  6. Bharatiya Nyaya Sanhita, 2023.
  7. Bharatiya Sakshya Adhiniyam, 2023.
  8. Protection of Children from Sexual Offences Act, 2012.
  9. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  10. Prevention of Corruption Act, 1988.
  11. National Investigation Agency Act, 2008.
  12. Judicial Decisions
  13. Maneka Gandhi v. Union of India, (1978) 1 SCC 248.
  14. Hussainara Khatoon v. Home Secretary, State of Bihar, (1980) 1 SCC 81.
  15. K. Basu v. State of West Bengal, (1997) 1 SCC 416.
  16. Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158.
  17. Hussain v. Union of India, (2017) 5 SCC 702.
  18. Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51.
  19. Official Legal Resources
  20. India Code, Legislative Department and Ministry of Law and Justice, Government of India.
  21. Supreme Court of India, Official Website.
  22. Ministry of Home Affairs, Government of India, materials relating to the new criminal laws.

 

 

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