Code: Section 9 BNSS
Establishment of Judicial Magistrates’ Courts and Special Courts
9.
(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.
Explanation of Section 9 BNSS
Section 9 of the Bharatiya Nyaya Sanhita (BNSS) details the framework for the establishment of Judicial Magistrates’ Courts at the district level. It empowers the State Government, in consultation with the High Court, to establish courts of both the first class and second class Judicial Magistrates at specific locations. Furthermore, the provision allows for the creation of Special Courts to handle particular cases, limiting jurisdiction within those areas to the designated Special Court. The section also gives the High Court the authority to appoint presiding officers to these courts and confers powers on Civil Court judges to act as Judicial Magistrates when necessary.
Illustration
Example 1: Establishment of Regular Judicial Magistrates’ Courts
The State Government, after consulting with the High Court, establishes several Courts of Judicial Magistrates of the first class in a district to handle general criminal cases. These courts are spread across various towns and cities within the district.
Example 2: Creation of Special Courts
The State Government decides to create a Special Court of Judicial Magistrates of the first class in a particular district to exclusively handle cases related to fraudulent financial transactions. No other Magistrate Court in the area will have the jurisdiction to handle such cases.
Example 3: Appointment of Presiding Officers
The High Court appoints presiding officers to oversee these Judicial Magistrates’ Courts in the district. These officers are responsible for ensuring the fair administration of justice within their designated courtrooms.
Common Questions and Answers on Section 9 BNSS
1. Who can establish Courts of Judicial Magistrates in a district?
- Answer: The State Government, after consultation with the High Court, is responsible for establishing Judicial Magistrates’ Courts in a district.
2. What are Special Courts of Judicial Magistrates?
- Answer: Special Courts are courts established by the State Government, in consultation with the High Court, to handle specific types of cases. These courts have exclusive jurisdiction over the cases they are designed to try.
3. Can a Civil Court judge be appointed as a Judicial Magistrate?
- Answer: Yes, the High Court may confer the powers of a Judicial Magistrate on a Judge functioning in a Civil Court if it is deemed expedient or necessary.
Conclusion
Section 9 of the BNSS provides the legal framework for the establishment and functioning of Judicial Magistrates’ Courts within districts, including the establishment of Special Courts for particular cases. The section empowers both the State Government and the High Court with the authority to ensure that courts are available to handle criminal cases effectively, while also allowing flexibility for the appointment of Judicial Magistrates from Civil Court judges when required.
