Section 6 CrPC: Classes of Criminal Courts

Code of Criminal Procedure, 1973

Section 6 CrPC at a Glance

Section 6 CrPC deals with classes of Criminal Courts. From 1 July 2024 it is replaced by Section 6 BNSS.

Now BNSS

Section 6 →

What Section 6 CrPC Says

6. Classes of Criminal Courts

Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:—

(i) Courts of Session;

(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

Source: Section 6, Code of Criminal Procedure, 1973

Section 6 CrPC in Simple Words

Section 6 of the Code of Criminal Procedure, 1973 lists the classes of Criminal Courts that there shall be in every State, besides the High Courts and the Courts constituted under any law other than the Code.

The classes are Courts of Session, Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates, Judicial Magistrates of the second class, and Executive Magistrates.

When Section 6 CrPC Applies

  • Section 6 of the Code of Criminal Procedure, 1973 provides that there shall be, in every State, the listed classes of Criminal Courts, besides the High Courts and the Courts constituted under any law other than the Code.
  • Every State shall have Sessions Courts as the first listed category of criminal courts under Section 6(i) CrPC.
  • Every State shall have first class Judicial Magistrate courts, while any metropolitan area within the State shall have Metropolitan Magistrate courts under Section 6(ii) CrPC.
  • Every State shall also have second class Judicial Magistrate courts as a distinct category of criminal courts under Section 6(iii) CrPC.
  • Every State shall include courts of Executive Magistrates as a recognized category of criminal courts under Section 6(iv) CrPC.

Example of Section 6 CrPC

Aarav lives in a metropolitan area of a State and Meera lives in a district of the same State outside any metropolitan area. Under Section 6 of the Code of Criminal Procedure, 1973, besides the High Court and any Courts constituted under other laws, the classes of Criminal Courts in the State are Courts of Session, Judicial Magistrates of the first class, Judicial Magistrates of the second class, and Executive Magistrates. Because Section 6(ii) CrPC adds Metropolitan Magistrates in any metropolitan area, that class is relevant where Aarav lives but not in the district where Meera lives.

When Section 6 CrPC Does Not Apply

  • Section 6 of the Code of Criminal Procedure, 1973 does not classify the High Courts as one of the classes of criminal courts listed under the Code, as they stand outside those listed classes.
  • Section 6 CrPC does not govern or classify courts that are established under any enactment other than the Code.
  • The category of Metropolitan Magistrates under Section 6(ii) CrPC does not apply outside a metropolitan area.

Section 6 CrPC Under BNSS 6: What Changed

Section 6 CrPC is now covered under Section 6 BNSS.

From 1 July 2024, Section 6 of the Code of Criminal Procedure, 1973 is replaced by Section 6 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The substantive change occurs in Section 6(ii) BNSS, which deletes the reference to Metropolitan Magistrates in any metropolitan area and retains only Judicial Magistrates of the first class. As a change of form, Section 6 BNSS substitutes the word Sanhita for the word Code. The remaining classes of Criminal Courts, namely Courts of Session, Judicial Magistrates of the second class, and Executive Magistrates, along with the saving for High Courts and courts under other laws, are unchanged.

View detailed comparison (CrPC 6 vs BNSS 6) →

FAQs on Section 6 CrPC

What classes of Criminal Courts must exist in every State under Section 6 CrPC?▼

Section 6 of the Code of Criminal Procedure, 1973 states that in every State, besides the High Courts and courts constituted under any law other than the Code, there shall be Courts of Session, Judicial Magistrates of the first class, Judicial Magistrates of the second class, and Executive Magistrates. In addition, in any metropolitan area within a State, there shall be Metropolitan Magistrates under Section 6(ii) CrPC.

Does Section 6 CrPC exclude High Courts and courts formed under other laws?▼

Section 6 of the Code of Criminal Procedure, 1973 does not exclude High Courts or courts formed under other laws from existing in a State. Instead, the opening words of Section 6 CrPC state that the listed classes of Criminal Courts shall exist in every State besides the High Courts and besides the courts constituted under any law other than the Code.

Are Executive Magistrates classified as Criminal Courts under Section 6 CrPC?▼

Yes, Section 6 of the Code of Criminal Procedure, 1973 expressly includes Executive Magistrates as one of the classes of Criminal Courts that shall exist in every State. Section 6(iv) CrPC lists Executive Magistrates alongside Courts of Session, Judicial Magistrates of the first class, Metropolitan Magistrates in any metropolitan area, and Judicial Magistrates of the second class.

Where is the provision corresponding to Section 6 CrPC located from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The provision corresponding to Section 6 CrPC is found in Section 6 BNSS, which is also titled Classes of Criminal Courts and sets out the classes of Criminal Courts that shall exist in every State under the Sanhita.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·