Special Judicial Magistrates
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Summary
High Court can, on request by the Central or State Government, give a person who holds or held a government post some or all powers of a Judicial Magistrate of the first or second class for particular cases or areas. The person must meet the qualification or experience rules the High Court prescribes. Such appointees are called Special Judicial Magistrates and serve terms not exceeding one year at a time.
Example
Priya, a retired municipal officer, is needed to handle minor local offences in a district. The State Government asks the High Court to confer on her the powers of a Judicial Magistrate of the second class for those cases. If she meets the High Court's qualification rules she can be appointed a Special Judicial Magistrate for up to one year.
Bare Act
Enacted text(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area:
Provided that 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.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.
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