1.2 Hierarchy & Jurisdiction of Maharashtra Courts

1.2 Hierarchy & Jurisdiction of Maharashtra Courts

[!NOTE] The Dual Statutory Pillars: The organization, jurisdiction, and supervisory control of the subordinate judiciary in Maharashtra are split across two foundational enactments. Civil courts outside Greater Mumbai are governed by the Bombay Civil Courts Act, 1869 (Act XIV of 1869), supplemented by the Code of Civil Procedure, 1908. Criminal courts across the entire State are constituted and empowered under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which superseded the Code of Criminal Procedure, 1973 with effect from July 1, 2024.

Every aspirant for the Maharashtra Judicial Service must master the structural demarcation of civil and criminal courts. A newly appointed officer does not sit exclusively as a civil judge or exclusively as a criminal magistrate. Instead, the recruit is invested with dual authority, serving as a Civil Judge (Junior Division) when trying civil suits, and as a Judicial Magistrate First Class (JMFC) when conducting criminal proceedings within the assigned taluka.

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The Subordinate Civil Court Hierarchy in Maharashtra

Civil justice in Maharashtra operates along distinct tracks for mofussil districts versus the Presidency town of Greater Mumbai.

1. High Court of Judicature at Bombay

• Constitutional Standing: Chartered under the High Courts Act, 1861, the High Court of Bombay exercises supervisory and administrative superintendence over all subordinate courts in Maharashtra and Goa under Articles 226 and 227 of the Constitution of India.
• Benches: The Principal Seat is situated at Mumbai, with permanent benches at Nagpur (established 1960), Aurangabad (established 1982), and Panaji, Goa (established 1982). The High Court also exercises territorial jurisdiction over the Union Territory of Dadra and Nagar Haveli and Daman and Diu.
• Jurisdiction: Exercises original civil jurisdiction in designated high-value maritime/admiralty, company, and testamentary matters within Greater Mumbai, as well as appellate and revisional jurisdiction (under Section 115 CPC) over all district and subordinate civil courts.

2. District Court (Sections 5 to 19, Bombay Civil Courts Act, 1869)

• Presiding Officers: Presided over by the Principal District Judge (PDJ), assisted by Additional District Judges (ADJs).
• Original Jurisdiction: The District Court is the principal civil court of original jurisdiction in the district. It possesses original jurisdiction in special statutory proceedings, including probate and letters of administration (Indian Succession Act, 1925), matrimonial disputes (Hindu Marriage Act, 1955; Special Marriage Act, 1954), land acquisition references (RFCTLARR Act, 2013), and petitions under the Guardians and Wards Act, 1890.
• Appellate Jurisdiction: The District Court serves as the primary appellate forum for decrees and appealable orders passed by Civil Judges (Junior Division), and for decrees of Civil Judges (Senior Division) where the subject-matter valuation falls within statutory limits.

3. Court of Civil Judge (Senior Division) - CJSD (Sections 21 to 25)

• Territorial Scope: Established for a district or a group of talukas within the district, normally stationed at the district headquarters or major industrial sub-divisions.
• Pecuniary Jurisdiction: UNLIMITED. Under Section 24 of the Bombay Civil Courts Act, 1869, the original jurisdiction of a Civil Judge (Senior Division) extends to all original suits and proceedings of a civil nature, without any upper financial limitation.
• Caseload: High-value property partitions, commercial contracts, large recovery suits, and complex property declarations.
• Appellate Routing: Under Section 26 of the Bombay Civil Courts Act, appeals against decrees passed by a Civil Judge (Senior Division) lie to the District Court if the value of the subject-matter is below the statutory appeal threshold, and directly to the High Court of Bombay if the valuation exceeds that statutory threshold.

4. Court of Civil Judge (Junior Division) - CJJD (Sections 21 to 24)

• Territorial Scope: Stationed at the taluka / tehsil headquarters, representing the grassroots tier of civil justice.
• Pecuniary Jurisdiction: Strictly limited by statute. The pecuniary ceiling has been periodically revised by the Maharashtra State Legislature:
  • Historical Limit: Stood at Rs. 1,00,000 for many decades.
  • Maharashtra Act No. 10 of 2012: Enhanced the pecuniary jurisdiction of the Civil Judge (Junior Division) to Rs. 5,00,000.
  • Bombay Civil Courts (Amendment) Act, 2023 (Maharashtra Act XLIV of 2023): Substantially expanded the pecuniary jurisdiction of Civil Judges (Junior Division) up to Rs. 1,00,00,000 (One Crore Rupees) to relieve case congestion at the Senior Division tier and decentralize litigation.
• Caseload: Agricultural land disputes, injunction suits, easement claims, rent recovery suits, and tenancy matters where the CJJD acts as the Rent Authority outside Mumbai.
• Appellate Forum: All appeals against decrees and appealable orders passed by a Civil Judge (Junior Division) lie to the District Court under Section 26 of the Act and Section 96 CPC.

5. Small Cause Courts

• Presidency Small Cause Court (Mumbai): Governed by the Presidency Small Cause Courts Act, 1882. Exercises exclusive jurisdiction over suits between landlords and tenants relating to recovery of rent and possession under Section 33 of the Maharashtra Rent Control Act, 1999.
• Provincial Small Cause Courts: Governed by the Provincial Small Cause Courts Act, 1887 in major cities such as Pune and Nagpur. Exercises summary jurisdiction over simple money and movable property suits up to prescribed statutory amounts, but is strictly barred from adjudicating questions of title to immovable property.

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The Criminal Court Hierarchy under the BNSS, 2023

With the enforcement of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the classification, constitution, and sentencing powers of criminal courts in Maharashtra underwent significant modernizing updates.

+-----------------------------------------------------------------------------------------+
|                    Criminal Court Hierarchy & Sentencing Competence                     |
+-----------------------------------------------------------------------------------------+
|  High Court of Bombay            --> Any sentence authorized by law                     |
|                                      (Inherent powers under Section 528 BNSS)           |
|                                                  │                                      |
|                                                  ▼                                      |
|  Sessions Court / Addl Sessions --> Any sentence authorized by law                     |
|  (BNSS Section 8, 9, 21)             *Death sentence subject to High Court confirmation*|
|                                      *(BNSS Chapter XXVI, Sections 407-412)*            |
|                                                  │                                      |
|                                                  ▼                                      |
|  Chief Judicial Magistrate (CJM) --> Imprisonment up to 7 Years                         |
|  (BNSS Section 9, 10, 22)            Fine: Unlimited (unless statute specifies)         |
|                                      *(Cannot pass Death, Life, or Term > 7 Years)*     |
|                                                  │                                      |
|                                                  ▼                                      |
|  Judicial Magistrate First Class --> Imprisonment up to 3 Years                         |
|  (JMFC - BNSS Section 11, 23(2))     Fine up to Rs. 50,000 (Elevated from Rs. 10,000)   |
|                                                  │                                      |
|                                                  ▼                                      |
|  Judicial Magistrate Second Class -> Imprisonment up to 1 Year | Fine up to Rs. 10,000   |
|  (BNSS Section 23(3))                *(Cadre not utilized in direct Maharashtra intake)*|
+-----------------------------------------------------------------------------------------+

1. High Court

• Under Section 21(1) BNSS, the High Court may pass any sentence authorized by law. Exercises constitutional and supervisory jurisdiction over all criminal proceedings in the state.

2. Sessions Court / Additional Sessions Court (BNSS Sections 8, 9, 21)

• Sentencing Powers (BNSS Section 21(2)): A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law.
• Death Sentence Confirmation: Under Section 21(2) and Chapter XXVI (Sections 407 to 412) of the BNSS, any sentence of death passed by a Sessions Judge must be submitted to the High Court of Bombay for confirmation. The death sentence cannot be executed unless confirmed by a Bench of at least two High Court Judges.
• Omission of Assistant Sessions Judge: Under the erstwhile CrPC, 1973 (Section 28(3)), Assistant Sessions Judges could pass sentences up to 10 years imprisonment. The BNSS has omitted the cadre of Assistant Sessions Judge, transferring that jurisdiction directly to Sessions and Additional Sessions Judges.

3. Chief Judicial Magistrate (CJM) / Chief Metropolitan Magistrate (CMM) (BNSS Sections 9, 10, 22)

• Appointed by the High Court in each judicial district (CJM) or metropolitan area (CMM).
• Sentencing Powers (BNSS Section 22): A Chief Judicial Magistrate may pass any sentence authorized by law except a sentence of death, imprisonment for life, or imprisonment for a term exceeding 7 years.
• Fine Power: May impose any fine authorized by the substantive penal section, without a general monetary ceiling, provided it is not excessive.

4. Judicial Magistrate First Class (JMFC) (BNSS Sections 11, 23)

• Sentencing Powers (BNSS Section 23(2)): The Court of a Magistrate of the first class may pass a sentence of:
  • Imprisonment for a term not exceeding 3 years, or
  • Fine not exceeding Rs. 50,000, or
  • Both.
• CRITICAL STATUTORY UPDATE (Exam Trap):
  • Under Section 29(2) of the Code of Criminal Procedure, 1973, the fine ceiling for a Magistrate of the first class was Rs. 10,000.
  • Under Section 23(2) of the BNSS, 2023, this fine ceiling is increased to Rs. 50,000.
  • This represents a 5x increase and is a high-priority topic for judicial testing.

5. Judicial Magistrate Second Class (JMSC) (BNSS Section 23(3))

• Under Section 23(3) BNSS, a Magistrate of the second class may pass imprisonment not exceeding 1 year, or fine not exceeding Rs. 10,000 (increased from Rs. 5,000 under CrPC Section 29(3)).
• In Maharashtra, the cadre of JMSC is obsolete in direct recruitment; all newly selected judicial officers are posted directly as JMFC.

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Substantive Comparison of Maharashtra Courts

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The Dual Daily Life of the CJJD & JMFC

In Maharashtra taluka courts, the presiding officer manages both civil and criminal administration within a structured daily schedule:

1. Morning Session (10:30 AM to 1:30 PM) — Civil Jurisdiction (CJJD):
   • Call work: Checking service of summons, noting appearances, setting ex-parte proceedings.
   • Framing of issues under Order XIV CPC.
   • Hearing urgent interlocutory applications (temporary injunctions under Order XXXIX Rules 1 & 2 CPC, amendment of pleadings under Order VI Rule 17 CPC).
   • Recording evidence in civil suits and hearing final arguments.
2. Afternoon Session (2:00 PM to 5:00 PM) — Criminal Jurisdiction (JMFC):
   • Remand proceedings: Production of newly arrested accused persons within 24 hours under BNSS Section 187.
   • Bail hearings: Applications for regular bail under BNSS Section 480 / CrPC 437.
   • Framing of formal charges under BNSS Section 251 (warrant cases) or explaining substance of accusation under BNSS Section 274 (summons cases).
   • Recording statements of the accused under BNSS Section 351 / CrPC Section 313.
   • Pronouncement of judgments and sentencing orders under BNSS Section 392.

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Practical Jurisdictional Pitfalls & Statutory Quirks

• Imprisonment in Default of Fine (BNSS Section 24 / CrPC Section 30): A magistrate cannot impose imprisonment in default of payment of fine in excess of one-fourth (1/4th) of the maximum substantive imprisonment term that the magistrate is competent to inflict for the offence. Furthermore, default imprisonment cannot exceed the magistrate's jurisdictional ceiling under Section 23.
• Direct Appeal to High Court under Section 26: Candidates often assume that all civil appeals from subordinate judges lie to the District Court. Under Section 26 of the Bombay Civil Courts Act, 1869, where the decree is passed by a Civil Judge (Senior Division) and the subject-matter value exceeds the prescribed appeal ceiling, the appeal lies directly to the High Court of Bombay.