Code
12.
(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.
Explanation of Section 12 BNSS
Section 12 of the Bharatiya Nyaya Sanhita (BNSS) outlines the jurisdictional limits for Judicial Magistrates. It grants the Chief Judicial Magistrate the authority, under the control of the High Court, to define the local areas where Judicial Magistrates (appointed under Section 9 or Section 11) can exercise their powers. While a Special Judicial Magistrate’s Court has the flexibility to hold sittings anywhere within its established local area, the jurisdiction of a general Judicial Magistrate extends throughout the district unless specifically defined otherwise.
In cases where a Magistrate’s jurisdiction goes beyond the district in which they ordinarily preside, references to the Court of Session or Chief Judicial Magistrate are made to the relevant Court exercising jurisdiction in that area.
Illustration
Example 1: Defining Local Limits of Jurisdiction
The Chief Judicial Magistrate defines the local area for Magistrates appointed under Section 9 as covering the entire district. This means these Magistrates can exercise their powers across the whole district unless otherwise specified.
Example 2: Special Judicial Magistrate’s Jurisdiction
A Special Judicial Magistrate, established to handle cases of environmental violations, can hold sittings at various locations within the designated area for which it is created, not restricted to one specific place.
Example 3: Extended Jurisdiction
If a Magistrate appointed under Section 9 has jurisdiction over an area that extends beyond their district, references to the Court of Session in the Sanhita would apply to the Court of Session in the district where the Magistrate operates.
Common Questions and Answers on Section 12 BNSS
1. Who defines the local limits for the jurisdiction of Judicial Magistrates?
- Answer: The Chief Judicial Magistrate, under the control of the High Court, defines the local limits of jurisdiction for Judicial Magistrates appointed under Sections 9 and 11.
2. Can a Special Judicial Magistrate hold sittings anywhere?
- Answer: Yes, a Special Judicial Magistrate can hold sittings at any place within the local area for which it is established, offering flexibility in handling specific cases.
3. Does the jurisdiction of a Judicial Magistrate extend beyond the district?
- Answer: Yes, if the local jurisdiction of a Magistrate appointed under Section 9 or Section 11 extends beyond the district, the Court of Session or Chief Judicial Magistrate reference in the Sanhita applies to the relevant Court in that extended area.
Conclusion
Section 12 of the BNSS defines the local jurisdiction and limits for Judicial Magistrates, ensuring that their powers are appropriately allocated within a district. It also allows for special arrangements for Special Judicial Magistrates, with the flexibility to hold sittings across their jurisdiction. The section further clarifies how jurisdictional references should be handled when a Magistrate’s jurisdiction extends beyond their primary district.
