History of Kanpur Judiciary

It can be fairly said that the legal history of Kanpur prior to the establishment of the British rule was one that was a mix of the personal laws of different religion as overseen the by the criminal and revenue administration of the ruler under whose suzerainty the region happened to be from time to time.

The judicial administration of the British was introduced in the district by the East India Company. District Judiciary also starts since 1801 then there were two District Munsifs. The Subordinate Judge and District Judge had civil jurisdiction throughout Cawnpore and Fatehpur district and the latter was also Session Judge for both District but only heard appellate criminal cases from Fatehpur. In 1801 a collector, magistrate and judge was appointed but in a short time the revenue administration was separated and the offices of judge and magistrate were vested in second officer.

In 1836 there were five munsifs, but the number came down to 4 in 1862 and subsequently to 2, the Kanpur munsif having jurisdiction over the Kanpur, Narwal, Bilhaur and Shivrajpur Tehsil and that of Akbarpur over the remaining part of the district. The enforcement of the Indian Penal code and the Criminal Procedure Code in the second half of the 19th Century brought about great changes in both substantive and procedural matters of the administration of justice. After independence a large number of additional courts of various nature were instituted and several temporary courts were made permanent. With the population of the city having increased above a million due to the expansion of industries trade and business and the consequent influx of people from other districts and states, the State Govt. declared Kanpur as a Metropolitan area effective October 11, 1976. As a consequence of this, the Kanpur Revenue District was divided into two sessions divisions one comprising the Metropolitan area of which the District Judge was the Session judge and the other the non-metropolitan area of the district which was under the charge of the additional district judge who has been made the sessions judge of the division.

The court of the District & Sessions Judge is the highest criminal Court in the district, assisted by 24 Additional Sessions Judges and which together hear on criminal appeals, criminal revisions, sessions trials and special jurisdictions. There is a Chief Metropolitan Magistrate, who is assisted by additional chief metropolitan magistrates, Metropolitan Magistrates and special metropolitan magistrates. Being the chief executive magistrate the district magistrate is responsible for the maintenance of law and order and the prevention of riots and disturbances in the district. He is assisted by the additional district magistrate and the sub-divisional magistrates and the tehsildars. The code of criminal procedure coming into force from April 1st 1974 relieved the executive magistrate of their judicial powers but they continue to exercise jurisdiction in respect of cases of prohibitory nature under section 107, 133 and 144 of the new code. The executive magistrates have retained the powers of arrest or of ordering the police to arrest any person committing an offence in their presence. They can send the offender to jail or give him into police custody but such detention cannot exceed a period of 24 hours unless their remand is given to that effect by a competent court. They also have the authority to conduct identification proceedings of accused persons and to record dying declarations as also inquest proceedings.

The District Court Kanpur Nagar consists of two buildings Old & New six floored main building constructed in 1990. Most of the courts are working in New main building while others are working in old building. One Court of M.M. Corporation is situated in separate building near new building. Kanpur Nagar is the only Metropolitan City of the state and is one of the biggest judgeship too. As being Metropolitan City, Magisterial Courts are headed by C.M.M. There are 89 sanctioned courts in this judgeship including six Family Courts and excluding one Juvenile Justice Board, two Motor Accident Claim Tribunals (South and North), one Commercial Court.