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Court of Judicial Magistrate (Ss. 6, 9 to 13, 21 and 23)

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Administration of justice is the most important function of the state. For this purpose our constitution has set up a hierarchy of courts. A court is a place where legal trials take place. It is an institution where several disputes are settled via the legal process. In this article, we shall discuss the provisions related to Court of Judicial Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The Supreme Court is the apex body, followed by state High Courts which have been created by the constitution of India, and their jurisdiction and powers are well defined in the constitution itself. Apart from the Supreme Court and High Courts, the criminal courts have been described in the Bharatiya Nagarik Suraksha Sanhita, 2023.

The term criminal court is not defined in the Sanhita. The Court can be defined as denoting every judge or magistrate lawfully exercising jurisdiction in criminal cases whether for the decision of such cases in the first instance or an appeal or for commitment to any other court or officer. A Criminal Court is a court that has the jurisdiction and authority to try and punish the persons accused of committing a crime as per criminal law. Generally, the government files a case in Criminal Courts against a person who has committed any crime. The reason behind this is that whenever a crime is committed, it is considered an act against a state and not only the victim. It is the paramount duty of the state to protect its citizens. Therefore, the state becomes operative when a crime is committed.

Comparative Tables of Provisions BNSS and CRPC:

BNSS, 2023CrPC, 1973
SectionHeadingProvisionSectionHeading
6Classes of Criminal Courts 6Classes of Criminal Courts
9Courts of Judicial Magistrates 11Courts of Judicial Magistrates
10Chief Judicial Magistrate and Additional Judicial Magistrate, etc. 12Chief Judicial Magistrate and Additional Judicial Magistrate, etc.
11Special Judicial Magistrates 13Special Judicial Magistrates
12Local Jurisdiction of Judicial Magistrates 14Local Jurisdiction of Judicial Magistrates
13Subordination of Judicial Magistrates 15Subordination of Judicial Magistrates
21Courts by which offences are triable 26Courts by which offences are triable
23Sentences which Magistrates may pass 29Sentences which Magistrates may pass

Section 6 of BNSS:

Classes of Criminal Courts:

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

  • Courts of Session;
  • Judicial Magistrates of the first class;
  • Judicial Magistrates of the second class; and
  • Executive Magistrates.

Classes of Criminal Courts in India:

Criminal courts can be categorized or classified, in the hierarchy, as given below:

  • Supreme Court.
  • High Court.
  • Sessions Court (also called Court of Session).
  • Judicial Magistrates of First Class 
  • Judicial Magistrates of Second Class.
  • Executive Magistrates

In R. Subramaniam v. Commissioner, AIR 1964 Mad 185 case, the Madras High Court said that it is necessary that a Criminal Court must function as Criminal Court, merely one of the Courts mentioned in Section 6 CrPC (S. 6 BNSS) is not enough.

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Court of Judicial Magistrate

Courts of Judicial Magistrates of First and Second Class:

The word ‘Magistrate’ is derived from the Latin ‘Magister’ a medieval title given to a person in authority. A magistrate has been described as a public civil officer invested with executive or judicial powers. The office of the Executive Magistrate in India evolved along with the office of the Collector and the district as the unit of administration during the British period. Hence the powers and functions attached to this office can be well appreciated in the background of the evolution of district administration

The provisions related to the Court of Judicial Magistrate of First Class and Second Class are contained under section 9 of BNSS.

Establishment of Court of Judicial Magistrate:

  • According to Section 9(1) of BNSS, in every district there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.
  • The Proviso attached to Section 9(1) of BNSS lays down that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.
  • According to Section 9(2) of BNSS, the presiding officers of such Courts shall be appointed by the High Court.
  • According to Section 9(3) of BNSS, (3) the High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.

Chief Judicial Magistrate:

  • According to Section 10(1) of BNSS, the High Court shall appoint a Judicial Magistrate of the first class in every district, to be the Chief Judicial Magistrate.
  • According to Section 10(2) of BNSS, the High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time being in force as the High Court may direct.

Sub-Divisional Judicial Magistrate:

  • According to Section 10(3) of BNSS, the High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires. (4)
  • According to Section 10(4) of BNSS, subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.

Special Judicial Magistrates:

  • According to Section 11(1) of BNSS, the High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area.
  • According to Proviso attached to Section 11(1) of BNSS, no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
  • According to Section 11(2) of BNSS, Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

In Rajesh Kumar v. State of UP, 1983 (1) Crimes 1152 (All) case, the Court said that Special Courts can be created not only for a District alone but exercising jurisdiction over whole or part of the State. Such courts are to be created in respect of particular class or classes of cases. Once such Courts are duly created any other court cannot try such cases in respect of which jurisdiction has been conferred upon Special Courts.

In Dara Singh v. Tej Kaur, 2000 CrLJ 3145 case, the Court observed that a Court of Special Judge is not a court falling within Section 6, and, therefore cannot be described as a Court of Session.

In A R Antulay v. R S Naik, AIR 1984 SC 718, the Supreme Court observed that a Court of Special Judge is a court of original criminal jurisdiction has all powers except those specially excluded.

Local Jurisdiction of Judicial Magistrates:

  • According to Section 12(1) of BNSS,  subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which they may respectively be invested under this Sanhita: Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.
  • According to Section 12(2) of BNSS, except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
  • According to Section 12(3) of BNSS, where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an area beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district.

Subordination of Judicial Magistrates:

  • According to Section 13(1) of BNSS, every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
  • According to Section 13(2) of BNSS, the Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him.

Sentences Which Magistrates may Pass:

  • According to Section 23(1) of BNSS, the Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
  • According to Section 23(2) of BNSS, the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.
  • According to Section 23(3) of BNSS, the Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service.
  • “Community service” shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.

Conclusion:

Judicial magistrates play a pivotal role in the Indian legal system under the Bharatiya Nagarik Suraksha Sanhita, 2023. Their responsibilities include presiding over lower courts, conducting trials, issuing warrants, and ensuring the fair and efficient administration of justice.

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