Courts of Judicial Magistrates
AI Assist
Summary
State government, after consulting the High Court, will notify how many Courts of Judicial Magistrates of the first and second class are to be set up in each district and where. The State may also create Special Courts of Judicial Magistrates for particular cases or classes of cases; those Special Courts alone will have local jurisdiction over those matters. Presiding officers are appointed by the High Court, and the High Court can confer first- or second-class magistrate powers on state judicial officers serving as civil judges when necessary.
Example
Priya files an FIR for theft in her town. The State has set up a Special Court of Judicial Magistrates of the first class to try theft cases there, so the regular magistrate cannot try Priya's case. The presiding officer of that Special Court was appointed by the High Court.
Bare Act
Enacted text(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.
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