The courts in India are of four types:
1. The Supreme Court: It is located in New Delhi, and is the highest judicial tribunal in
India. It can pass any sentence prescribed by the law and supervises all the courts in India.
The law declared by it is binding on all courts.
2. The High Court: It is usually located in the capital of every State, and is the highest
tribunal of the state. It can try any offence and pass any sentence prescribed by the law.
3. The Sessions Court: It is located at district headquarters, and can pass any sentence
authorised by the law but the death sentence passed by it must be confirmed by the High
court.
The Magistrate Courts: The magistrate courts are of following types:
(a) Chief Judicial Magistrate or Chief Metropolitan Magistrate can pass imprisonment for
up to 7 years, and can also impose fine without limit. He can order solitary confinement
as well.
(b) First Class Magistrate or Metropolitan Magistrate can pass a maximum of 3 years
sentence, fine up to Rs. 10,000/- and can also order solitary confinement.
(c) Second Class Magistrate can sentence up to one year, and fine up to Rs. 5000/ . Also,
he can order solitary confinement.
Magistrate Inquest
It is held under Section 176 Cr. P.C. and is conducted by an executive magistrate like Sub
divisional or District magistrate. It is considered to be superior to police inquest. It is held
in following cases:
1. Death in prison
2. Death in police custody
3. Death due to police firing
4. Dowry deaths under Sec. 304B of the Indian Penal Code
5. Any case where the government orders that inquest needs to be conducted by a
magistrate. Magistrate can order exhumation. Earlier, a coroner also had the power to
order exhumation. In any case of death, magistrate can hold inquest even if the police has
already made the inquest.
