The Law of Criminal Procedure - Page 472

THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 451

III. Powers of Criminal Courts

The subject may be dealt with under three different heads.

(1) Power to take cognizance of an offence.

(2) Power to pass interlocutory orders in a criminal matter.

(3) Power to punish.

(I) Power to take cognizance of an offence

Whether a Court can take cognizance of an offence depends upon

(a) The Status of the Court.

(b) The nationality of the offender.

(c) Depends upon whether the accused will get justice at the hands of the Judge or Magistrate.

(a) The status of the Court

Section 6

According to the Criminal Procedure Code there shall be five classes of Criminal Courts in British India.

I. The Sessions Court.

II. Presidency Magistrate.

III. Magistrate of the first class.

IV. Magistrate of the second class.

V. Magistrate of the third class.

To this must be added the High Court.

(i) Regarding offences under the Penal Code

Section 28

1. The High Court may try any offence under the Indian Penal Code.

2. The Court may try any offence under the Indian Penal Code.

3. But with respect to other magistrates they can take cognizance of such offences only as they are empowered to do by the provisions contained in the 8th column of the Second Schedule to the Cr. P. C.