CRIMINAL COURTS AND THEIR JURISDICTION

[Mr. M. GOVINDARAJAN]

New criminal procedural law

The Parliament enacted a New Criminal Procedural law called as Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) in the place of Criminal Procedure Code,1973. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Criminal Courts

Besides High Courts, every State shall have the following classes of criminal Courts-

• Courts of Session;
• Judicial Magistrate of I Class;
• Judicial Magistrate of II Class;
• Executive Magistrates.

Divisions

Every State shall consist of Session Divisions. Each division shall have jurisdiction over a District or Districts. The State Government may, after consultation with the High Court-

• alter the limits or the number of such divisions and districts;
• divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.

The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Sanhita, shall be deemed to have been formed under this section.

Court of Session

The State Government shall establish a Court of Session for every session division. The Sessions Court shall be presided by a Judge appointed by the High Court. Additional Sessions Judges may be appointed by the High Court to exercise the jurisdiction of Sessions Court.

The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division. In such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.

In case where there is a vacant in Sessions Court, the High Court may make arrangements for the disposal of urgent matters by an Additional Sessions Judge. If there is no Additional Sessions Judge, the said case may be disposed by a Chief Judicial Magistrate. In the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.

The sitting of Court of Sessions shall be at such place or places as directed by the High Court. If the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein. The Sessions Judge may distribute the business among such Additional Sessions Judge.

The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional Sessions Judge; if there is no Additional Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

Judicial Magistrates

In every district, the State Government, in consultation with the High Court, shall establish as many Judicial Magistrates at such place. The Judicial Magistrates shall be the First-Class Judicial Magistrate and the Second-Class Magistrate.  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.

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

The High Court may appoint a Judicial Magistrate of First Class as Chief Judicial Magistrate in every District. The High Court may also appoint Additional Chief Judicial Magistrate who is having the same powers of Chief Judicial Magistrate.

Sub Divisional Judicial Magistrate

The High Court may designate any I Class Judicial Magistrate of the in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires. 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 subject to the supervision of Chief Judicial Magistrate.

Special Judicial Magistrates

The High Court, on the request of Central/State Government may appoint Special Judicial Magistrates for a term not exceeding one year. 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.

Jurisdiction of Judicial Magistrate

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 may exercise all or any of the powers with which they may respectively be invested. The jurisdiction and powers of every such Magistrate shall extend throughout the district. If the local jurisdiction of a Magistrate appointed under 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.

The Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.

Subordination of Judicial Magistrate

Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge. Every other Judicial Magistrate shall, subject to the general control of the Sessions Judge and subordinate to the Chief Judicial Magistrate. The Chief Judicial Magistrate may, from time to time, make rules or give special orders as to the distribution of business among the Judicial Magistrates subordinate to him.

Executive Magistrates

In every district, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates. The State Government shall appoint one of them to be the District Magistrate. Any Executive Magistrate may be appointed as an Additional District Magistrate, having the same powers of District Magistrate. An Executive Magistrate may be in charge of a sub-division and he will be called as Sub Divisional Magistrate.

Special Executive Magistrates

The State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Sanhita on Executive Magistrates, as it may deem fit.

Local jurisdiction of Executive Magistrate

The District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested. This is subject to the control of State Government. The jurisdiction and powers of every such Magistrate shall extend throughout the district.

Subordination of Executive Magistrates

All Executive Magistrates shall be subordinate to the District Magistrate. Every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, to the general control of the District Magistrate. The District Magistrate may, from time to time, make rules or give special orders as to the distribution or allocation of business among the Executive Magistrates subordinate to him.