Code
(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.
Explanation:
This section of the BNSS Code deals with the appointment of Special Judicial Magistrates. It empowers the High Court to delegate judicial powers to government officials, who may not necessarily be qualified lawyers, for specific cases or classes of cases within a particular geographical area.
Illustration:
Imagine a situation where a large number of cases involving government contracts are pending in a particular district. To expedite the process, the State Government requests the High Court to appoint a Special Judicial Magistrate. It will be from within the government’s legal department. The High Court will consider the individual’s experience in government contracts. Then, they may appoint them as a Special Judicial Magistrate, specifically for these cases.
Common Questions and Answers: on Special Judicial Magistrates
Q. Who can be appointed as a Special Judicial Magistrate?
A: Any person who holds or has held a government post can be appointed. They must possess the qualifications and experience specified by the High Court.
Q: For how long can a Special Judicial Magistrate be appointed?
A: A Special Judicial Magistrate can be appointed for a term not exceeding one year at a time.
Q: What are the powers of a Special Judicial Magistrate?
A: A Special Judicial Magistrate can be conferred with the same powers as a Judicial Magistrate of the first or second class. This is only in respect of the specified cases or classes of cases.
