CrPC Section 12: Chief Judicial Magistrate and Additional Chief Judicial Magistrate
Section 12 of the Code of Criminal Procedure, 1973 governed the appointment and supervisory roles of Chief Judicial Magistrates, Additional Chief Judicial Magistrates and Sub-divisional Judicial Magistrates. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 10, effective from 1 July 2024.
Section 12 CrPC: Original statutory provisions
Sub-section (1): Appointment of Chief Judicial Magistrate
In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
Sub-section (2): Additional Chief Judicial Magistrate
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 Code or under any other law for the time being in force as the High Court may direct.
Sub-section (3)(a): Sub-divisional Judicial Magistrate
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.
Sub-section (3)(b): Supervision and control
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.
Current law: Section 10 of the BNSS, 2023
Section 10 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for the same principal judicial offices and their appointment by the High Court. It is divided into four sub-sections:
Section 10(1): Chief Judicial Magistrate
The High Court appoints a Judicial Magistrate of the first class as the Chief Judicial Magistrate in every district. Unlike the earlier CrPC wording, the provision does not exclude metropolitan areas.
Section 10(2): Additional Chief Judicial Magistrate
The High Court may appoint a first-class Judicial Magistrate as an Additional Chief Judicial Magistrate and specify which powers of the Chief Judicial Magistrate that officer may exercise.
Section 10(3): Sub-divisional Judicial Magistrate
The High Court may designate a first-class Judicial Magistrate in a sub-division as the Sub-divisional Judicial Magistrate and may relieve that officer of the responsibilities when necessary.
Section 10(4): Supervisory jurisdiction
Subject to the general control of the Chief Judicial Magistrate, a Sub-divisional Judicial Magistrate exercises the supervisory and control powers over other Judicial Magistrates in the sub-division, excluding Additional Chief Judicial Magistrates, as specified by High Court order.
Meaning and practical application
Chief Judicial Magistrate (CJM): A first-class Judicial Magistrate appointed by the High Court to the district-level office. Additional Chief Judicial Magistrate (ACJM): A first-class Judicial Magistrate authorised by the High Court to exercise all or specified CJM powers. Sub-divisional Judicial Magistrate (SDJM): A first-class Judicial Magistrate designated for a sub-division, with supervisory powers defined by the High Court.
These provisions deal primarily with appointment and judicial administration. The authority to try an offence, pass a sentence or entertain an application must also be considered under the relevant procedural provisions and applicable High Court orders.
Uttar Pradesh state amendment to CrPC Section 12
The original page records Uttar Pradesh Act 1 of 1984, Section 3, inserting a state-specific sub-section (4). Under that historical provision, when the office of CJM was vacant or the CJM was unable to act due to illness, absence or other incapacity, urgent CJM work could be handled in the specified order by the senior-most available Additional Chief Judicial Magistrate or other Judicial Magistrate and, in their absence, by designated executive authorities including the District Magistrate and senior-most Executive Magistrate.
This is retained as a historical state amendment. Its continuing operation after the BNSS commencement should not be assumed without checking the current Uttar Pradesh adaptation, notifications and applicable judicial orders.
Official legal sources
For the authoritative legislative text and subsequent amendments, consult India Code, the Ministry of Home Affairs, and the Bureau of Police Research and Development BNSS reference PDF. The BNSS text hosted by Tripura Police also includes a CrPC-to-BNSS section reference table.
Frequently asked questions
What replaces Section 12 of CrPC?
Section 10 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision.
Who appoints the Chief Judicial Magistrate?
The High Court appoints a first-class Judicial Magistrate to be the Chief Judicial Magistrate.
Can an Additional Chief Judicial Magistrate exercise all CJM powers?
Yes, but only to the extent directed by the High Court under the applicable statutory provision.
Legal information only. Check the applicable law, savings provisions, state amendments and High Court notifications for a specific matter.