How Courts Work In India : A Simple Guide

Most people imagine court decisions like this:

A judge listens.
Thinks for a moment.
Announces a decision.

In reality, courts follow a careful, multi-step process designed to make decisions fair, consistent, and lawful.

Let’s walk through that process easily.

1. Who Is the First Person You Approach When You Have a Case?

Criminal Case (theft, assault, cheating, etc.)

You go to:
Police Station

Why:
Police register a First Information Report (FIR) and investigate.

Law Source:
Criminal Procedure Law

Hidden Rule:
Courts do NOT start criminal cases on their own.
Police investigation is usually the gateway.

Civil Case (property, money, contracts, family disputes)

You go to:
Civil Court Registry (filing section)

Usually through a lawyer.

Law Source:
Civil Procedure Law

Hidden Rule:
Courts only act after a formal written case is filed.

Constitutional / Rights Violation

You may go directly to:
High Court or Supreme Court

Law Source:
Constitution

Hidden Rule:
For fundamental rights, you don’t have to start at lower courts.

What This Teaches You

Not all cases start at the same place.
The type of case decides the entry door.

2. Which Court Hears Which Kind of Case First?

Trial-Level Courts (Lowest Level)

They hear cases first.

Examples:

  • Civil Judge / District Court → property, contracts, family
  • Magistrate Court → criminal cases

Law Source:
Civil Procedure Law
Criminal Procedure Law

Hidden Rule:
Most cases must start at trial court.
You cannot jump directly to higher courts.

High Courts

Mainly hear:

  • Appeals from lower courts
  • Constitutional cases
  • Serious legal questions

Law Source:
Constitution + Procedure Laws

Supreme Court

Mainly hears:

  • Appeals from High Courts
  • Constitutional interpretation
  • Issues of national importance

Law Source:
Constitution

What This Teaches You

Courts are arranged like a ladder.
You climb it step by step.

3. Can You Choose Any Court You Like?

No.

Jurisdiction Rule

A court must have:

  • Territorial power (location)
  • Subject power (type of case)
  • Monetary limits (value of case)

Law Source:
Civil Procedure Law
Criminal Procedure Law

What This Teaches You

Even if your case is strong, wrong court = dismissal.

4. What Is a Bench?

A bench = number of judges hearing a case.

  • 1 Judge → Single Bench
  • 2 Judges → Division Bench
  • 3+ Judges → Larger Bench

5. Which Bench Can Contradict Which Bench?

Core Rule

Smaller bench cannot overrule larger bench.

Larger bench can overrule smaller bench.

Law Source:
Court-developed precedent rules

Example

  • 2-judge bench decided X
  • Another 2-judge bench disagrees

It cannot change X.
It must send the issue to a 3-judge bench.

What This Teaches You

Some judgments are stronger than others.

6. Can Two Benches of the Same Size Contradict Each Other?

No.

Same-strength benches must follow each other.

If disagreement → refer to bigger bench.

Law Source:
Judicial Discipline (case law)

What This Teaches You

Courts prevent equal judges from fighting each other.

7. Which Court Can Overrule Which Court?

  • Supreme Court → everyone
  • High Court → lower courts
  • Lower court → nobody above

Law Source:
Constitution + precedent doctrine

What This Teaches You

Lower courts cannot ignore higher courts.

8. Can the Supreme Court Overrule Itself?

Yes.

But usually through larger bench and strong reasons.

Law Source:
Constitutional practice + case law

What This Teaches You

Even top court is not frozen forever, but change is slow.

9. Does Every Sentence in a Judgment Become Law?

No.

Only the main legal reason becomes binding.

Law Source:
Common law principles

What This Teaches You

Headlines may quote non-binding parts.

10. What If Two High Courts Say Different Things?

Both are valid in their own territories.

Supreme Court settles conflict.

Law Source:
Constitution + precedent rules

What This Teaches You

Conflicting judgments mean law is unsettled.

11. Who Must Prove the Case?

Whoever makes the claim.

Law Source:
Evidence Law

What This Teaches You

Strong story without proof = weak case.

12. Do Courts Re-check All Facts in Appeal?

Usually no.

Appeals mainly check legal mistakes.

Law Source:
Procedure Laws

What This Teaches You

Appeal ≠ fresh trial.

13. Can Courts Decide Hypothetical Questions?

No.

Only real disputes.

Law Source:
Constitutional principles

What This Teaches You

Courts don’t give academic opinions.

14. Can Courts Create New Laws?

No.

They interpret existing laws.

Law Source:
Constitution (separation of powers)

What This Teaches You

Judges explain law, lawmakers make law.

15. Are Laws Presumed Valid?

Yes.

Person challenging must prove invalidity.

Law Source:
Constitutional interpretation

What This Teaches You

Striking down laws is rare.

16. Do Courts Follow Morality or Law?

Law.

Not personal morals.

Law Source:
Rule of law doctrine

What This Teaches You

Unfair ≠ illegal.

To know more about this topic, you may check out this resource.


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