Civil and Criminal Courts

What to remember

• A civil court decides disputes about rights between persons (property, money, contract, family). A criminal court decides whether a person committed an offence against the State and what punishment follows.
• Jurisdiction means the power of a court to hear a case. It depends on place (territorial), money value (pecuniary), kind of case (subject matter) and stage (original or appellate).
• A court office runs the court: it receives papers, keeps records, issues notices and copies, and helps the judge. The staff never decide the case, but a mistake in their work can delay or spoil a case.

Civil and criminal cases: the basic difference

A civil case is started by a person who claims a right. This person is the plaintiff (in a petition, the petitioner). The other side is the defendant (respondent). The aim is relief: money, possession of property, a declaration or an injunction. The standard of proof is "preponderance of probability", which means one side's case is more likely true.

A criminal case is started in the name of the State after a police report or a private complaint. The person accused is the accused. The aim is punishment: imprisonment, fine or both. The accused must be proved guilty "beyond reasonable doubt". Until then the accused is presumed innocent.

One act can lead to both. A road accident can give a criminal case for negligence and a civil claim for compensation.

Hierarchy of courts

The Supreme Court of India is at the top. Below it is the High Court of each State. For Andhra Pradesh, the High Court sits at Amaravati. Below the High Court are the subordinate courts, which work under the High Court's control and supervision (Articles 233 to 235 of the Constitution deal with district judges and control over subordinate courts). The Governor appoints district judges in consultation with the High Court.

Civil side (in a district):

• District Court (District Judge): the principal civil court of the district. It hears appeals and some original cases.
• Senior Civil Judge (Subordinate Judge): original suits of higher value.
• Junior Civil Judge (Munsif): original suits of lower value.
• Special courts and tribunals for particular subjects.

Criminal side (in a district):

• Court of Session (Sessions Judge, Additional Sessions Judge): tries serious offences, hears criminal appeals from Magistrates. A death sentence passed by a Sessions Court must be confirmed by the High Court.
• Chief Judicial Magistrate (CJM): head of the Magistrates in the district.
• Judicial Magistrate of First Class (JMFC): tries most ordinary offences.
• Executive Magistrates (such as the Revenue Divisional Officer or Tahsildar in some matters): handle preventive and law-and-order powers, not trials.

Titles in the lower tiers can change by State rules, so remember the pattern rather than every name.

Jurisdiction

Section 9 of the Code of Civil Procedure says civil courts can try all civil suits unless the law bars them. A court without jurisdiction cannot decide the case, and its decree can be treated as a nullity. Objection to territorial or money jurisdiction must be taken at the earliest stage.

Criminal courts have limits on punishment. The Sessions Court can pass any sentence allowed by law. The Chief Judicial Magistrate can pass imprisonment up to seven years. The Judicial Magistrate of First Class can pass imprisonment up to three years. These limits come from the Code of Criminal Procedure and are repeated in the BNSS.

Special courts and forums

• Family Courts (Family Courts Act, 1984): marriage, maintenance, custody.
• Juvenile Justice Board: cases of children in conflict with law.
• Special courts for special laws, such as cases under the POCSO Act (child sexual offences).
• Consumer Commissions: District, State and National levels for consumer disputes.
• Lok Adalat (Legal Services Authorities Act, 1987): settlement by agreement; the award is treated as a civil court decree and there is no appeal.
• Gram Nyayalaya: village-level courts under the Gram Nyayalayas Act, 2008.
• Tribunals: for service, tax and other matters.

Who does what in a court office

Titles differ slightly between courts, but the work is similar.

A new case enters through the filing counter. The staff check the papers, court fee, number of copies and valuation. Then the case is numbered and entered in the register. The judge gives dates; every hearing is recorded in the order sheet. The staff then issue summons or notices, keep the file safe and update the registers.

Principles every court worker must know

• Open court: hearings are public except in some cases (for example, certain sexual offences and family matters) which are held in camera.
• Fair hearing: both sides must get a chance to be heard.
• Free legal aid: Article 39A of the Constitution directs the State to give free legal aid; the Legal Services Authorities Act gives it effect. In Andhra Pradesh, the State Legal Services Authority and District Legal Services Authorities work at State and district level.
• Language: the court record is kept in the language the rules allow. Staff must follow the State's rules on the language of records and orders.

Appeals and the flow between courts

A party who is not satisfied can go to a higher court. In a civil case, the first appeal goes to the next higher court, and a second appeal to the High Court lies only on a substantial question of law. In a criminal case, a person convicted by a Magistrate appeals to the Court of Session. A person convicted by the Sessions Court appeals to the High Court. The High Court can also use its writ power under Article 226 to protect fundamental rights and for other purposes. The staff of the lower court must send the record (the "lower court records") quickly when the higher court calls for it. A delay in sending records is a common reason for adjournments.

Transfer of a case from one court to another is ordered by the higher court when needed for fairness or convenience. When a case is transferred, the file, exhibits and registers move with a proper covering memo, and the transfer is noted in the register at both ends.

Exam traps

• Plaintiff belongs to civil cases; accused belongs to criminal cases.
• "Decree" is for civil suits; "conviction/acquittal" is for criminal trials.
• Territorial jurisdiction is about place; pecuniary is about money value.
• A Magistrate's power of punishment is limited; a Sessions Judge's is not (except death sentence needs High Court confirmation).
• Chief Judicial Magistrate heads Magistrates; Sessions Judge heads the Court of Session. They are different courts.
• Lok Adalat award is final and cannot be appealed; ordinary decrees can be appealed.
• Executive Magistrates do not try offences; Judicial Magistrates do.
• The court office staff do not decide cases; they handle papers and records.

One-liners

• 1. The apex court of India is the Supreme Court.
• 2. The Andhra Pradesh High Court sits at Amaravati.
• 3. Civil procedure is governed by the Code of Civil Procedure, 1908.
• 4. Criminal procedure is now governed by the BNSS, 2023, which replaced the CrPC.
• 5. Section 9 of CPC gives civil courts power to try all civil suits unless barred.
• 6. The Court of Session tries the most serious crimes.
• 7. The CJM may pass a sentence up to seven years.
• 8. A death sentence by the Sessions Court needs High Court confirmation.
• 9. A Lok Adalat award is treated as a civil court decree.
• 10. The Family Courts Act was passed in 1984.
• 11. Article 39A is about equal justice and free legal aid.
• 12. The process server serves summons.

Practice questions

1. In a civil case, the person who files the suit is called the:

   1. Accused
   2. Plaintiff
   3. Prosecutor
   4. Complainant witness
   Answer

   B. Plaintiff

   The party who starts a civil suit is the plaintiff.

2. In a criminal trial the case is conducted in the name of the:

   1. Complainant
   2. Informant
   3. Police station
   4. State
   Answer

   D. State

   Offences are treated as wrongs against the State.

3. Which Code mainly governs procedure in civil courts?

   1. Code of Civil Procedure, 1908
   2. Court Fees Act
   3. Indian Contract Act
   4. Limitation Act
   Answer

   A. Code of Civil Procedure, 1908

   The CPC, 1908 lays down civil procedure.

4. The law that replaced the Code of Criminal Procedure is the:

   1. Bharatiya Nyaya Sanhita
   2. Bharatiya Nagarik Suraksha Sanhita
   3. Bharatiya Sakshya Adhiniyam
   4. Code of Civil Procedure
   Answer

   B. Bharatiya Nagarik Suraksha Sanhita

   BNSS, 2023 replaced the CrPC.

5. In civil cases the usual standard of proof is:

   1. Absolute certainty
   2. Confession of the party
   3. Beyond reasonable doubt
   4. Preponderance of probability
   Answer

   D. Preponderance of probability

   Civil cases are decided on which side is more probably true.

6. The power of a court to hear a case is called:

   1. Jurisdiction
   2. Summons
   3. Execution
   4. Limitation
   Answer

   A. Jurisdiction

   Jurisdiction is the authority of a court to decide.

7. A suit about land is filed in the court within whose area the land lies. This is an example of:

   1. Pecuniary jurisdiction
   2. Appellate jurisdiction
   3. Territorial jurisdiction
   4. Revisional jurisdiction
   Answer

   C. Territorial jurisdiction

   Place-based power is territorial jurisdiction.

8. A Junior Civil Judge can hear only suits up to a certain money value. This limit is called:

   1. Pecuniary jurisdiction
   2. Subject-matter jurisdiction
   3. Territorial jurisdiction
   4. Original jurisdiction
   Answer

   A. Pecuniary jurisdiction

   Limits based on money value are pecuniary.

9. Which section of the CPC says civil courts can try all civil suits unless barred?

   1. Section 96
   2. Section 9
   3. Section 80
   4. Section 151
   Answer

   B. Section 9

   Section 9 gives civil courts wide power to try civil suits.

10. The High Court of Andhra Pradesh sits at:

    1. Kurnool
    2. Visakhapatnam
    3. Hyderabad
    4. Amaravati
    Answer

    D. Amaravati

    The AP High Court functions at Amaravati.

11. The head of the Magistrates in a district on the criminal side is the:

    1. District Collector
    2. Sessions Judge
    3. Chief Judicial Magistrate
    4. Junior Civil Judge
    Answer

    C. Chief Judicial Magistrate

    The CJM heads the Judicial Magistrates of the district.

12. Which court tries the most serious offences in a district?

    1. Family Court
    2. Court of the JMFC
    3. Lok Adalat
    4. Court of Session
    Answer

    D. Court of Session

    Sessions courts try grave offences.

13. A death sentence passed by a Sessions Court must be:

    1. Confirmed by the District Collector
    2. Confirmed by the High Court
    3. Reviewed by the Magistrate
    4. Executed at once
    Answer

    B. Confirmed by the High Court

    Death sentences need High Court confirmation.

14. The maximum imprisonment a Chief Judicial Magistrate can ordinarily pass is:

    1. Three years
    2. One year
    3. Seven years
    4. Ten years
    Answer

    C. Seven years

    A CJM can pass up to seven years.

15. The maximum imprisonment a Judicial Magistrate of First Class can ordinarily pass is:

    1. Three years
    2. Life
    3. Seven years
    4. Ten years
    Answer

    A. Three years

    A JMFC can pass up to three years.

16. Which of these is NOT a court that tries offences?

    1. Chief Judicial Magistrate
    2. Court of Session
    3. Judicial Magistrate of First Class
    4. Executive Magistrate
    Answer

    D. Executive Magistrate

    Executive Magistrates have preventive and administrative powers, not trials.

17. Which Act created Family Courts?

    1. Family Courts Act, 1984
    2. Legal Services Authorities Act, 1987
    3. Gram Nyayalayas Act, 2008
    4. Consumer Protection Act
    Answer

    A. Family Courts Act, 1984

    Family Courts were created by the 1984 Act.

18. An award of a Lok Adalat is:

    1. Valid only for one year
    2. Treated as a civil court decree with no appeal
    3. Appealable to the High Court
    4. Void without a trial
    Answer

    B. Treated as a civil court decree with no appeal

    Lok Adalat awards are final and deemed decrees.

19. Free legal aid is directed by which Article of the Constitution?

    1. Article 51A
    2. Article 14
    3. Article 39A
    4. Article 21A
    Answer

    C. Article 39A

    Article 39A directs equal justice and free legal aid.

20. The officer who serves summons on parties is the:

    1. Stenographer
    2. Bench clerk
    3. Process server
    4. Copyist
    Answer

    C. Process server

    Process servers serve summons and notices.

21. The daily order sheet in the court hall is written by the:

    1. Process server
    2. Public prosecutor
    3. Sessions Judge only
    4. Bench clerk
    Answer

    D. Bench clerk

    The bench clerk records the day's proceedings and marks exhibits.

22. Who prepares certified copies of court records?

    1. Process server
    2. Copyist
    3. Attender
    4. Public prosecutor
    Answer

    B. Copyist

    The copying section prepares certified copies after the fee is paid.

23. Who presents the State's case in a criminal court?

    1. Public Prosecutor
    2. Court Master
    3. Plaintiff's advocate
    4. Bench Clerk
    Answer

    A. Public Prosecutor

    The Public Prosecutor conducts the State's case.

24. Match the court with its subject: which pair is correct?

    1. Juvenile Board - income tax
    2. Lok Adalat - death sentence
    3. Family Court - marriage and maintenance
    4. Consumer Commission - murder trials
    Answer

    C. Family Court - marriage and maintenance

    Family Courts deal with marriage, maintenance and custody.

25. A road accident leads to a criminal case for negligence and a claim for compensation. This shows that:

    1. Civil courts cannot hear accident claims
    2. Compensation is not allowed
    3. Only a criminal case is possible
    4. One act can give rise to both civil and criminal proceedings
    Answer

    D. One act can give rise to both civil and criminal proceedings

    The same act can have civil and criminal consequences.

26. A court passes a decree in a matter over which it has no jurisdiction. The decree is generally:

    1. Valid for one year
    2. A nullity
    3. Valid for all purposes
    4. Valid if the party is silent
    Answer

    B. A nullity

    A decree without jurisdiction is a nullity.

27. Appeals from a Magistrate's conviction usually go to the:

    1. Court of Session
    2. Supreme Court
    3. Lok Adalat
    4. High Court directly
    Answer

    A. Court of Session

    Magistrate's convictions are appealed to the Sessions Court.

28. A second appeal in a civil case to the High Court lies only on:

    1. Consent of the first court
    2. Any question of fact
    3. Payment of double fee
    4. A substantial question of law
    Answer

    D. A substantial question of law

    A second appeal needs a substantial question of law.

29. Which Article lets the High Court issue writs?

    1. Article 226
    2. Article 233
    3. Article 32
    4. Article 124
    Answer

    A. Article 226

    Article 226 gives writ powers to High Courts.

30. Appointment of district judges is made by the:

    1. District Collector
    2. Governor in consultation with the High Court
    3. Chief Justice of India alone
    4. Chief Minister
    Answer

    B. Governor in consultation with the High Court

    Article 233 provides this.

31. Which statements about civil and criminal cases are correct? 1. A civil case aims at relief such as money or possession. 2. A criminal case aims at punishment.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both statements are correct.

32. Which statements are correct? 1. A Lok Adalat award can be appealed in the High Court. 2. A Family Court deals with marriage and maintenance disputes.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Lok Adalat awards cannot be appealed; statement 2 is correct.

33. Which statements are correct? 1. Executive Magistrates try ordinary theft cases. 2. The Court of Session hears appeals from Magistrates.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Executive Magistrates do not try offences; Sessions courts hear appeals.

34. Which statements are correct? 1. A Sessions Judge can pass any sentence allowed by law. 2. A death sentence needs confirmation by the High Court.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

35. Which statements are correct? 1. Territorial jurisdiction depends on the money value of the claim. 2. Pecuniary jurisdiction depends on the area of the court.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    D. Neither 1 nor 2

    Both are reversed; territorial is place and pecuniary is money value.

36. Which statements are correct? 1. A court office may decide the case if the judge is absent. 2. Court staff keep records and issue notices.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Staff handle papers; only the judge decides.

37. Which statements are correct? 1. In a criminal case the accused is presumed innocent until proved guilty. 2. In a civil case the accused must prove innocence beyond reasonable doubt.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Civil cases have no accused; the second statement is wrong.

38. Which court deals with children in conflict with law?

    1. Juvenile Justice Board
    2. Court of Session only
    3. Lok Adalat
    4. Revenue court
    Answer

    A. Juvenile Justice Board

    The Juvenile Justice Board handles such cases.

39. Hearings in certain sensitive cases are held privately. This is called:

    1. Suo motu
    2. Ex parte
    3. In camera
    4. Pro bono
    Answer

    C. In camera

    In camera means private hearing.

40. The Legal Services Authorities Act was passed in:

    1. 1999
    2. 2008
    3. 1972
    4. 1987
    Answer

    D. 1987

    The Act is of 1987.

41. Gram Nyayalayas are established under an Act of:

    1. 1984
    2. 1908
    3. 1987
    4. 2008
    Answer

    D. 2008

    The Gram Nyayalayas Act is of 2008.

42. When a lower court case is transferred, the staff should:

    1. Destroy the old file
    2. Send only the order sheet
    3. Send the file and exhibits with a covering memo and note it in the registers
    4. Keep the exhibits locally
    Answer

    C. Send the file and exhibits with a covering memo and note it in the registers

    Transfer needs proper movement and register entry.

43. A case is filed at the counter. The staff first check:

    1. Papers, court fee, copies and valuation
    2. Execution of decree
    3. The verdict
    4. Bail conditions
    Answer

    A. Papers, court fee, copies and valuation

    These checks come before registration.

44. A court that hears a case for the first time is exercising:

    1. Original jurisdiction
    2. Appellate jurisdiction
    3. Advisory jurisdiction
    4. Revisional jurisdiction
    Answer

    A. Original jurisdiction

    First hearing is original jurisdiction.

45. The apex court of India is the:

    1. District Court
    2. Court of Session
    3. Supreme Court
    4. High Court
    Answer

    D. High Court

    The Supreme Court sits at the top.