High Court Criminal Jurisdiction
High Court Criminal Jurisdiction – Overview
Under the Indian Constitution, High Courts have both original and appellate criminal jurisdiction. Their powers are derived mainly from:
Constitution of India – Articles 226 and 227
Article 226: Power of High Courts to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) in criminal matters.
Article 227: Superintendence over subordinate courts.
Code of Criminal Procedure (CrPC), 1973
Sections 401–407, 482, etc., give inherent powers to High Courts.
Types of Jurisdiction:
Original Jurisdiction: Rare in criminal matters, but can try certain offenses like contempt of court, or cases committed under Section 482 CrPC directly.
Appellate Jurisdiction: Hearing appeals from Sessions Courts and some Magistrate Courts.
Writ Jurisdiction: Protect fundamental rights of accused or ensure fair trial.
Supervisory Jurisdiction: Over subordinate criminal courts to ensure proper exercise of power.
1. Writ Jurisdiction in Criminal Matters (Article 226)
High Courts can issue writs to protect accused persons’ rights.
Landmark Cases:
Hussainara Khatoon v. Home Secretary, State of Bihar (1979)
Facts: Undertrial prisoners detained without trial for years.
Judgment: High Court issued writs of Habeas Corpus, directing release.
Significance: Reinforced speedy trial as a fundamental right; exemplifies writ jurisdiction in criminal matters.
Sunil Batra v. Delhi Administration (1978)
Facts: Prisoner challenged cruel treatment in jail.
Judgment: Court issued directions for prison reform; protects human rights of convicts under Article 226.
A.K. Gopalan v. State of Madras (1950)
Facts: Preventive detention challenged as unlawful.
Judgment: High Court confirmed protective role of writs in criminal law, later refined by Supreme Court in Maneka Gandhi case.
2. Appellate Criminal Jurisdiction
High Courts hear appeals against convictions or acquittals passed by Sessions Courts or Magistrates.
Landmark Cases:
State of Uttar Pradesh v. Rajesh Gautam (2003)
Facts: Conviction under Sections 302/34 IPC appealed.
Judgment: High Court analyzed evidence; reversed conviction due to lack of corroboration of testimony.
K.K. Verma v. State of Punjab (1967)
Facts: Appeal against sentence in theft/robbery case.
Judgment: High Court upheld appellate power to reassess evidence and sentencing, ensuring justice.
S.P. Sampath Kumar v. Union of India (1987)
Facts: Death sentence appeal from Sessions Court.
Judgment: High Court commuted sentence to life imprisonment after reviewing circumstances; appellate powers include sentencing discretion.
3. Supervisory Jurisdiction (Article 227 CrPC)
High Courts supervise subordinate criminal courts to prevent jurisdictional errors, abuse of process, or miscarriage of justice.
Landmark Cases:
State of Maharashtra v. Dr. Praful B. Desai (2003)
Facts: Subordinate court refused to register complaint properly.
Judgment: High Court directed proper trial, showing supervisory power under Article 227.
Ramesh Chand v. State of Haryana (1994)
Facts: Magistrate delayed filing chargesheet; accused applied for quashing.
Judgment: High Court issued directions to subordinate court; ensuring criminal process is not abused.
4. Inherent Powers under CrPC (Section 482)
High Courts have inherent powers to prevent abuse of process, quash FIRs, or stop vexatious proceedings.
Landmark Cases:
State of Haryana v. Bhajan Lal (1992)
Facts: FIR lodged with malafide intent to harass.
Judgment: High Court quashed FIR; guidelines for exercise of Section 482 powers established.
Significance: Balances police powers with protection of individual rights.
Arnesh Kumar v. State of Bihar (2014)
Facts: Excessive arrests under Section 498A IPC without verification.
Judgment: High Court emphasized judicial oversight to prevent harassment, citing Section 482.
Lalita Kumari v. Government of UP (2013)
Facts: Delay in registration of FIR.
Judgment: High Court laid down mandatory registration of FIRs on cognizable complaints, exercising supervisory and inherent powers.
5. Original Criminal Jurisdiction
High Courts occasionally exercise original jurisdiction in criminal matters:
Contempt of court (CrPC, Contempt of Courts Act)
Certain serious offenses under direct inquiry
Cases referred by subordinate courts for preliminary scrutiny
Case Examples:
State of Rajasthan v. Jagdish Singh (2005)
Facts: High Court tried contempt and serious criminal allegation concurrently.
Judgment: Confirmed original jurisdiction in exceptional criminal matters.
Bachan Singh v. State of Haryana (1990)
Facts: Death penalty reference sent to High Court by Sessions Court.
Judgment: High Court exercised original review of death sentence before confirming.
Summary Table – High Court Criminal Jurisdiction
| Type of Jurisdiction | Powers | Landmark Cases | Key Principle |
|---|---|---|---|
| Writ Jurisdiction | Issue Habeas Corpus, Mandamus, Certiorari | Hussainara Khatoon (1979), Sunil Batra (1978) | Protect accused rights; ensure fair trial |
| Appellate Jurisdiction | Hear appeals from Sessions/Magistrates | Rajesh Gautam (2003), K.K. Verma (1967) | Reassess evidence and sentencing |
| Supervisory Jurisdiction | Oversee subordinate courts | Ramesh Chand (1994), Praful Desai (2003) | Prevent abuse of criminal process |
| Inherent Powers (Sec 482 CrPC) | Quash FIR, stop harassment | Bhajan Lal (1992), Arnesh Kumar (2014) | Prevent vexatious or malafide proceedings |
| Original Criminal Jurisdiction | Contempt, death references | Bachan Singh (1990), Jagdish Singh (2005) | Exceptional cases; ensure justice |
Key Takeaways:
High Courts are guardians of justice in criminal matters.
They combine writ powers, appellate powers, supervisory powers, and inherent powers.
Landmark cases like Hussainara Khatoon, Bhajan Lal, and Arnesh Kumar showcase protection of accused rights.
High Court can quash FIRs, direct speedy trials, supervise subordinate courts, and review sentences, maintaining a balance between law enforcement and fundamental rights.
RELATED Blog
0 comments