Section 11 CrPC: Courts of Judicial Magistrates

Chapter II

Establishment of Courts, High Court powers, Judicial Appointments, Judicial Magistrates, Judicial Service, Jurisdictional Powers, Magisterial Powers, Special Courts, State Government powers

New Law Update (2024)

Section 11 BNSS

TRIAL COURT

Courts of Judicial Magistrates of the first class and second class

Punishment

Procedural – Trial / Charge

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(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: Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrate 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.

Important Sub-Sections Explained

Section 11(1)

This foundational sub-section mandates the creation of Judicial Magistrate courts (First and Second Class) in all districts outside metropolitan areas, with the State Government specifying their locations and establishing special courts for particular cases after consulting the High Court. It ensures that once a special court is established for certain matters, no other Magistrate court in that local area can try those specific cases.

Section 11(2)

This sub-section clearly states that the High Court is solely responsible for appointing the presiding officers (the Judicial Magistrates) to these newly established courts. This provision is crucial for maintaining judicial independence in the appointment process of magisterial positions.

Chapter II