Civil Courts Meaning

Civil courts deal with the cases or offences that are committed against a private individual and not
against the State unlike in criminal cases where the offence is committed against the State. Civil wrongs
include tort, breach of contract etc. In India, the hierarchy of Civil Courts is based on the territorial and
pecuniary jurisdiction of the courts. Civil Courts can deal with the cases which have been committed
within its territory and also which is within the pecuniary limits of the court.

The Supreme Court is the highest court of appeal for entertaining civil cases and these cases can not be
filed directly in the Supreme Court, the appeal can be filed against the order of the High Court but in
case of infringement of the fundamental rights one can directly approach to the Supreme Court.The
appeal against the order of the District Court can be filed in the High Court and the cases above the
value of Rs. 20 lakhs can directly be filed in the High Court of the State. District Court deals with the
cases which lie between the value of Rs. 3 lakh to Rs. 20 lakh. The cases up to Rs. 3 lakhs were
entertained by the Civil Judge the junior division and the original cases were entertained by him. Small
Causes Courts are the lowest Court of appeal in the hierarchy of Civil Courts and it deals with the cases
of value below Rs. 3 lakh. The Civil Courts are governed by the Civil Procedure Code. The Civil Courts can
award damages or compensation to the party whose legal rights have been infringed. Plaintiff and
Defendant are the parties to a civil case.

District Court and Additional District Court

The State Government in India has established the District Courts in every district by considering the
number of cases and population in that district. The District Courts of India are presided by a district
judge and these courts administer justice at a district level. These courts are under administrative and
judicial control of the High Court of the State to which that district belongs. The District and Sessions
Judge is the highest Court in each district. The Governor after consultation with the Chief Justice of the
High Court of that State appoints the judges of the District Court and the eligibility criteria to become a
judge of District Court is at least seven years of practice as an advocate. The District Court is the highest
Civil Court in a district. Civil and Criminal Courts are two types of Courts in every district. Civil Courts
exercise the power of subject matter jurisdiction, territorial Jurisdiction, pecuniary jurisdiction and
appellate jurisdiction.

Powers of the District Court

1. The District Court hears criminal cases, domestic related cases and civil cases.

2. The District judge in case of criminal cases has the power to give any punishment including
capital punishment.

3. The Chief Judicial Magistrate can deal with the cases which are punishable with imprisonment
for a term up to seven years.

When the District Court exercises its jurisdiction in criminal cases under the Code of Criminal Procedure,
1973 (CrPC), it is referred as sessions court. The Court is presided by a judge who is appointed by the
High Court of that particular State. Additional Sessions Judges and Assistant Sessions Judges in this Court
can also be appointed by the High Court of that State. Additional Sessions Judges can be appointed in
POCSO cases, electricity cases, NDPS, FTC etc. The appeal can be filed in the High Court against the
decision of the District Court.

Court of Civil Judge (Senior Division)

The Court of Civil Judge of Senior Division comes at the middle of the hierarchy on the civil side. Civil
Judge or Senior Division has the authority to try civil cases of any value. There are many additional courts
of Additional Civil Judge(senior division). These additional courts have the same jurisdiction as exercised
by the principal court of Civil Judge or Senior Division. A Senior Division or Civil Judge exercises pecuniary
jurisdiction without any limit.

Court of Civil Judge (Junior Division)

The Court of Civil Judge of Junior Division is at the lowest level in deciding civil cases. It has the power to
impose any sentence in accordance with the law and it can provide capital punishment also. Civil Judge
of Junior Division can extend its jurisdiction in all the original suits and proceedings.

Eligibility to become Civil Judge of Junior Division:

 An applicant must have done LL.B(Bachelor of Laws)/LL.M.(Master of Laws) with 55% from any
university which was recognized by the State Government/Central Government.

 Age limit is 21-35 years and relaxation in age is provided to reserved candidates.

Court of small causes for metropolitan cities

Under the Presidency Small Cause Courts Act, 1882, the court of small causes for metropolitan cities
were established in India. This Act empowered the State Government that it can establish a Court of
Small Causes anywhere within its territory. These courts have the authority to decide small value civil
cases only.

Munsiff court or court of sub judge III class

Munsiff court is the lowest court of appeal for civil cases in the district. It has the authority to try the
offence under certain pecuniary limits. Munsiff Magistrate/ Judicial Collector have control over these
courts.

The territorial jurisdiction of the District Munsiff Court was prescribed by the State Government. The
judge and presiding officer of the District are Munsiff Magistrate who keep a charge on all the tax
inspectors.

Criminal Court Meaning

Criminal wrong is a wrong against the whole society not only against the victim. Criminal Courts deal
with criminal matters which are considered as a crime against the State.

The Supreme Court exercises appellate jurisdiction through which it has the power to withdraw cases
from the High Court regarding criminal matters. The appeal against the order of the District Court can be
filed in the High Court of the State.
The hierarchy of the Criminal Courts in India is given in Section 6 of the Criminal Procedure Code, 1973
which is given as follows:

1. Session Court

2. Judicial Magistrate of the first class

3. Judicial Magistrate of the second class

4. Executive Magistrate

Criminal Courts

The procedure to conduct the trial in the criminal courts is provided in the Criminal Procedure Code.

 According to Section 177 of the CrPC, the Court has the authority of the trial of the case only if
the offence has been committed under the jurisdiction of that court.

 Section 178 of the Crpc, deals with the following matters:

1. When the offence has been committed in several places and the place of the offence is doubtful.

2. When the offence is partly at one place and the rest at another place.

3. When the offence is committed at different places and comprises of several acts.

If any of the above situations are fulfilled, then such offence may be tried in a court having jurisdiction
over any of such local areas.

 Under the provisions of Section 179 of the CrPC, it is postulated that any act which becomes
offence due to any emanating consequences it is valid for trial in the court of proficient
jurisdiction.

 According to the provisions of Section 180 of the CrPC, when the act committed is an offence
because it is related to another offence then the place of trial of the court is according to the
offence which has been committed first has to be inquired into or tried by either of the courts
under whose jurisdiction the act has been committed.

 According to the provisions of Section 181(1) of the CrPC, the trial not only commenced in where
the offence was committed, but it can also be commenced where the accused is found. It also
deals with the cases when the offence is not committed in a single place. It deals with the
following situations:

1. The trial of the court is commenced where the accused is found or the offence is committed
while performing the act of dacoity, dacoity with murder, thug etc. the thug, or murder has
committed.

2. In the case of abduction or kidnapping of a person, the trial is commenced where the person has
abducted/kidnapped or where the person was conveyed or concealed or detained.
 3. In case of robbery, extortion or theft, the trial of the court is commenced where the stolen
property is possessed, delivered or received or the court where the offence has been
committed.

4. In the case of criminal breach of trust or criminal misappropriation, the trial has been committed
where any part of the property which is the subject matter of the offence has been received or
retained, required to be returned or accounted for, by the accused or where the offence has
been committed.

 Section 182 of the CrPC has provided the provisions for the offences which are committed by
letters etc. If the victim has been deceived by telecommunication messages or by means of
letters or if any offence committed includes cheating then the trial of the court has been
commenced where the messages or letters have been sent or received and under the local
jurisdiction of the court where the property has been received by the accused person or where
the property has been delivered by the person deceived.

 Section 183 of the CrPC has provided provisions for the offences which have been committed
during voyage or journey. During the journey, when a person commits an offence against a
traveller or the thing in respect of which the offence has been committed is in due course of its
voyage or journey, the trial of the court has been commenced under the local jurisdiction where
the person or thing has been passed.

 Section 185 of the CrPC empowered the State Government to direct any cases or class of cases
can be tried in a Sessions Court for which the trial has been committed in any district.

 Section 186 of the CrPC empowered the High Court to resolve the confusion when the
cognizance of a particular offence has been taken by more than one court and confusion arises
that which of the Courts shall inquire into or try that offence.

 Section 187 of the CrPC empowers the Magistrate to issue warrant or summons for offences
which do not come under the local jurisdiction of it. In this condition, the Magistrate has the
power to order such a person to be produced before him and then send him to the Magistrate of
proficient jurisdiction.

 Section 188 of the CrPC has provided provisions for the offences which are committed outside
the territory of India. According to the provisions of this section, if an offence is committed
outside the territory of India:

1. By an Indian citizen, whether on the high seas or elsewhere.

2. By a person, not being a citizen of India, on any ship or aircraft registered in India.

This offence is considered as such offence which had been committed at any place within the territory of
India and at a place where such person may be found.

 Section 189 of the CrPC provides the authority to the Central Government that it can take the
receipt of evidence for the offences which are committed outside the territory of India.