Section 6 BNSS 2023: Classes of Criminal Courts
Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023 begins Chapter II on the constitution of criminal courts and offices. It identifies the principal classes of Criminal Courts that are to exist in every State, in addition to the High Courts and courts constituted under other laws.
Text of Section 6 BNSS
6. Classes of Criminal Courts. 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.
Meaning of Section 6 BNSS
Section 6 lays down the basic institutional framework of criminal courts under the BNSS. It does not by itself define the territorial jurisdiction, constitution, powers or sentencing authority of each court. Those matters are dealt with in later provisions of Chapter II and Chapter III.
The opening words are significant. Section 6 operates besides the High Courts and courts constituted under other laws. Therefore, the four classes listed in Section 6 are the principal classes established for the ordinary criminal justice structure under the BNSS, without displacing High Courts or validly constituted special courts under other enactments.
Four Classes of Criminal Courts under Section 6
1. Courts of Session
Courts of Session form a principal trial court level within the criminal court structure. Section 8 BNSS deals with establishment of a Court of Session for every sessions division and the appointment of Sessions Judges and Additional Sessions Judges.
2. Judicial Magistrates of the First Class
Judicial Magistrates of the first class are one of the two classes of Judicial Magistrates expressly recognised by Section 6. Their courts are dealt with further in Section 9 BNSS and related provisions.
3. Judicial Magistrates of the Second Class
Judicial Magistrates of the second class constitute the other expressly listed class of Judicial Magistrates. Their place in the court structure is developed through the provisions governing Judicial Magistrates in Chapter II and the powers of courts in Chapter III.
4. Executive Magistrates
Executive Magistrates are separately recognised from Judicial Magistrates. They perform executive or administrative functions assigned by the BNSS and other laws. Their constitution and jurisdiction are dealt with in later provisions of Chapter II.
Section 6 and the Criminal Court Structure
| Institution | Position under Section 6 |
|---|---|
| High Courts | Expressly recognised separately before the four listed classes. |
| Courts under other laws | Also expressly preserved and not displaced by the Section 6 classification. |
| Courts of Session | First listed class of Criminal Courts under BNSS. |
| Judicial Magistrates - First Class | Second listed class. |
| Judicial Magistrates - Second Class | Third listed class. |
| Executive Magistrates | Fourth listed class. |
Related BNSS Provisions
Section 6 should be read with the provisions that immediately follow it. Section 7 BNSS deals with territorial divisions; Section 8 BNSS deals with the Court of Session; and Section 9 BNSS deals with Courts of Judicial Magistrates.
The distinction between Judicial Magistrates and Executive Magistrates should also be read with Section 3 BNSS, which explains how judicial and executive functions assigned to Magistrates under other laws are to be construed.
Current Legal Status
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. It received Presidential assent on 25 December 2023. The Central Government brought the BNSS into force from 1 July 2024, except the notified First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023.