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CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Section 9: Courts of Judicial Magistrates

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) 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:

Provided 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.

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

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 4 of our papers cite Section 9. Try these from the free papers:

  1. 1. Consider the following statements regarding Courts of Judicial Magistrates under Section 9 of the BNSS: 1. The State Government may, after consultation with the High Court, establish a Special Court of Judicial Magistrate for a local area to try a particular case or class of cases, and no other Magistrate's Court in that area then has jurisdiction over that case or class of cases. 2. The presiding officers of Courts of Judicial Magistrates are appointed by the State Government after consultation with the High Court. 3. The High Court may confer the powers of a Judicial Magistrate of the first or second class on any member of the State Judicial Service functioning as a Judge in a Civil Court. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita