Code:
(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him.
Explanation:
This section of the BNSS outlines the hierarchical structure and authority within the judicial system. It clarifies the chain of command for Judicial Magistrates:
- Chief Judicial Magistrate (CJM): Reports directly to the Sessions Judge.
- Other Judicial Magistrates: Report to the CJM but are also under the general control of the Sessions Judge.
The CJM is further empowered to allocate cases among the Judicial Magistrates under his/her jurisdiction, ensuring efficient case management.
Illustration:
Suppose a district has a Sessions Judge, a CJM, and three other Judicial Magistrates. In this scenario:
- The CJM will handle complex or high-profile cases while also supervising the other Judicial Magistrates.
- The other Judicial Magistrates will handle routine cases under the CJM’s guidance.
- All Judicial Magistrates, including the CJM, are accountable to the Sessions Judge.
Common Questions and Answers: on Subordination Of Judicial Magistrates
Q: What is the purpose of this hierarchical structure?
A: It ensures that judicial decisions are made consistently and fairly across the district, and it helps to manage the workload efficiently.
Q: Can the CJM overrule the Sessions Judge’s decisions?
A: No. The CJM is subordinate to the Sessions Judge and must follow their directives.
Q: How are cases distributed among Judicial Magistrates?
A: The CJM has the authority to distribute cases among the Judicial Magistrates under his/her jurisdiction. This allocation is based on factors like the nature of the case, workload, and the experience of the individual magistrates.
