Section 11 CrPC: Courts of Judicial Magistrates

Section 11 of the Code of Criminal Procedure, 1973 governed the establishment and appointment of Courts of Judicial Magistrates. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 9, in force from 1 July 2024.

Section 9 BNSS: Courts of Judicial Magistrates

Section 9(1) - Establishment: In every district, the State Government, after consultation with the High Court, may specify by notification the number and locations of Courts of Judicial Magistrates of the first class and second class.

Proviso to Section 9(1) - Special Courts: Following consultation with the High Court, the State Government may establish special Judicial Magistrates' Courts for particular cases or classes of cases in a local area. Other Magistrates' Courts in that area are excluded from trying matters assigned to such a Special Court.

Section 9(2) - Presiding officers: The High Court appoints the presiding officers of these courts.

Section 9(3) - Conferral of powers: Where expedient or necessary, the High Court may confer first-class or second-class Judicial Magistrate powers on a member of the State Judicial Service functioning as a Civil Court Judge.

What changed from CrPC Section 11?

Section 9 BNSS substantially retains the structure of Section 11 CrPC. One textual change is the removal of the words "not being a metropolitan area" from subsection (1). The BNSS also reorganises the earlier framework for metropolitan magistrates. Whether a particular court has jurisdiction depends on the applicable statute, notifications and High Court orders.

Key legal terms

Judicial Magistrate of the first or second class: A judicial officer exercising criminal jurisdiction conferred by the applicable criminal procedure law and relevant orders.

Special Court of Judicial Magistrate: A Magistrates' Court constituted under the proviso to Section 9(1) BNSS to try a specified case or class of cases.

Notification: An official governmental instrument specifying, among other things, the establishment and location of the courts concerned.

Consultation with the High Court: The statutory requirement for the State Government to consult the relevant High Court before notifying the establishment of courts under Section 9(1).

Historical text: Section 11 of the Code of Criminal Procedure, 1973

Sub-section (1): In every district (not being a metropolitan area) 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.

Proviso (inserted by Act 45 of 1978, section 3, effective 18 December 1978): 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 second class for a particular case or class of cases. Where such a Special Court is established, other Magistrates' Courts in that local area do not have jurisdiction to try the cases assigned to it.

Sub-section (2): The presiding officers of such Courts shall be appointed by the High Court.

Sub-section (3): The High Court may, whenever expedient or necessary, confer the powers of a Judicial Magistrate of the first or second class on a member of the State Judicial Service functioning as a Civil Court Judge.

Historical territorial amendments

Andaman and Nicobar Islands and other covered Union Territories: The Code of Criminal Procedure (Amendment) Regulation, 1974 (Regulation 1 of 1974), section 4, substituted in section 11(3) the expression referring to a member of the State Judicial Service functioning as a Civil Court Judge with a reference to a person discharging the functions of a Civil Court. The scope and present operation of this historical amendment must be checked against applicable savings and current law.

Uttar Pradesh: Uttar Pradesh Act 16 of 1976, section 3, inserted section 11(1-A), providing for establishment of Courts of Judicial Magistrates of the first and second class for particular cases, classes of cases or cases generally in a local area. Its present relevance must be considered in light of the BNSS and applicable transitional provisions.

Official legislation and related provisions

Read the Bharatiya Nagarik Suraksha Sanhita, 2023 (official India Code PDF), especially Sections 9, 10, 11, 12, 13 and 531. The Ministry of Home Affairs judicial division also provides access to criminal-law legislation. Consult the relevant State Gazette and High Court notifications for local court constitution and jurisdiction.

Note: This article explains the general legislative framework; particular proceedings may be affected by local amendments, notifications, savings and judicial decisions.