Courts of Judicial Magistrates
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Summary
State Government, after consulting the High Court, will establish Courts of Judicial Magistrates (first and second class) in every non‑metropolitan district at places it specifies. It may also set up one or more Special Courts of Judicial Magistrate for particular cases or classes of cases in a local area; when a Special Court is set up, other magistrate courts in that area lose jurisdiction over those cases. High Courts appoint the presiding officers and may confer magistrate powers on civil court judges when necessary.
Example
Priya lives in a non‑metropolitan district where the State Government notifies several Courts of Judicial Magistrates. After a rise in local thefts, the State Government sets up a Special Court of Judicial Magistrate of the first class to try theft cases in her area. Once that Special Court is established, other magistrate courts in Priya's area cannot try those theft cases, and the Special Court's presiding officer will be appointed by the High Court.
Bare Act
Enacted 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 Courts.
(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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