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BNSS, 2023
Start Practicing
BNSSChapter IISection 12
Section12

Local Jurisdiction of Judicial Magistrates

AI Assist

Summary

The Chief Judicial Magistrate, under the control of the High Court, can fix local limits within which Magistrates appointed under section 9 or 11 may exercise any or all of their powers. Unless local limits are defined, each such Magistrate’s jurisdiction and powers extend throughout the whole district. If a Magistrate’s local area crosses into another district, references to the Court of Session or Chief Judicial Magistrate are read as those exercising jurisdiction for the district concerned.

Example

Rohan is a Magistrate whose local limits, fixed by the Chief Judicial Magistrate, include parts of two neighbouring districts. A theft FIR is registered in a village in the other district that falls within Rohan’s local area. Rohan can take cognizance and deal with the case there, and references to the Court of Session or Chief Judicial Magistrate are read as those having jurisdiction for that district.

Bare Act

Enacted text

(1) 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 under section 9 or under section 11 may exercise all or any of the powers with which they may respectively be invested under this Sanhita:

Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

(3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 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.

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II

Chapter II

Constitution of Criminal Courts and Offices

In this chapter

  • 6Classes of Criminal Courts
  • 7Territorial divisions
  • 8Court of Session
  • 9Courts of Judicial Magistrates
  • 10Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
  • 11Special Judicial Magistrates
  • 12Local Jurisdiction of Judicial Magistrates
  • 13Subordination of Judicial Magistrates
  • 14Executive Magistrates
  • 15Special Executive Magistrates
  • 16Local Jurisdiction of Executive Magistrates
  • 17Subordination of Executive Magistrates
  • 18Public Prosecutors
  • 19Assistant Public Prosecutors
  • 20Directorate of Prosecution
Previous · Section 11Special Judicial MagistratesNext · Section 13Subordination of Judicial Magistrates