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Consider the following statements :
1. The district judge does not have appellate jurisdiction in criminal matters.
2. The sessions judge has power to impose capital punishment.
Which of the statements given above is/are correct?
1. The district judge does not have appellate jurisdiction in criminal matters.
2. The sessions judge has power to impose capital punishment.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
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Verified Answer
Consider the following statements :1. The district judge does not have...
- The District Judge is the highest judicial authority in the district. He possesses original and appellate jurisdiction in both civil as well as criminal matters. The district judge exercises both judicial and administrative powers. He also has supervisory powers over all the subordinate courts in the district. Appeals against his orders and judgements lie to the High Court. Hence, statement 1 is not correct.
- The Sessions Judge has the power to impose any sentence including life imprisonment and capital punishment (death sentence). However,a capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not. Hence, statement 2 is correct.
Most Upvoted Answer
Consider the following statements :1. The district judge does not have...
The correct answer is option 'B', i.e., statement 2 only.
Explanation:
1. The district judge does not have appellate jurisdiction in criminal matters.
- This statement is correct. The district judge is the lowest level of judiciary at the district level and primarily deals with the trial of criminal cases. The district judge has original jurisdiction in criminal matters, meaning that they have the authority to hear and decide cases in the first instance. However, the district judge does not have appellate jurisdiction, which means they cannot hear appeals from lower courts or overturn their decisions. Appellate jurisdiction lies with higher courts such as the High Court or the Supreme Court.
2. The sessions judge has power to impose capital punishment.
- This statement is incorrect. The sessions judge is a higher level of judiciary than the district judge and presides over the sessions court. The sessions court generally deals with more serious criminal cases and has the authority to conduct trials for offenses that are punishable with imprisonment for more than seven years. However, the power to impose capital punishment, i.e., the death penalty, lies with the higher courts such as the High Court and the Supreme Court. The sessions judge does not have the power to impose capital punishment.
In conclusion, statement 1 is correct, but statement 2 is incorrect. Therefore, the correct answer is option 'B' - statement 2 only.
Explanation:
1. The district judge does not have appellate jurisdiction in criminal matters.
- This statement is correct. The district judge is the lowest level of judiciary at the district level and primarily deals with the trial of criminal cases. The district judge has original jurisdiction in criminal matters, meaning that they have the authority to hear and decide cases in the first instance. However, the district judge does not have appellate jurisdiction, which means they cannot hear appeals from lower courts or overturn their decisions. Appellate jurisdiction lies with higher courts such as the High Court or the Supreme Court.
2. The sessions judge has power to impose capital punishment.
- This statement is incorrect. The sessions judge is a higher level of judiciary than the district judge and presides over the sessions court. The sessions court generally deals with more serious criminal cases and has the authority to conduct trials for offenses that are punishable with imprisonment for more than seven years. However, the power to impose capital punishment, i.e., the death penalty, lies with the higher courts such as the High Court and the Supreme Court. The sessions judge does not have the power to impose capital punishment.
In conclusion, statement 1 is correct, but statement 2 is incorrect. Therefore, the correct answer is option 'B' - statement 2 only.
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Consider the following statements :1. The district judge does not have appellate jurisdiction in criminal matters.2. The sessions judge has power to impose capital punishment.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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