Bharatiya Nagarik Suraksha Sanhita (BNSS): Chief Judicial Magistrate And Additional Chief Judicial Magistrate
Code: 10. (1) In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
Explanation: This section of the BNSS code deals with the appointment and powers of judicial magistrates within a district. It establishes the Chief Judicial Magistrate (CJM) as the head of the judicial administration in a district.
(1) This sub-section mandates the High Court to appoint a Judicial Magistrate of the first class as the Chief Judicial Magistrate for each district. This ensures a designated leader for the judicial system in every district.
(2) This sub-section grants the High Court the authority to appoint additional Chief Judicial Magistrates (ACJMs) from among the Judicial Magistrates of the first class. ACJMs can be given all or some of the powers of the CJM, as directed by the High Court. This allows for flexibility in distributing judicial workload and responsibilities within a district.
(3) This sub-section empowers the High Court to designate a Judicial Magistrate of the first class in a sub-division as the Sub-divisional Judicial Magistrate (SDM). The High Court can relieve the SDM of the responsibilities outlined in this section based on need. This facilitates the management of judicial matters within specific sub-divisions.
(4) This sub-section clarifies that while under the general control of the CJM, the SDM also possesses supervisory and control authority over other Judicial Magistrates (excluding ACJMs) within their sub-division. The specific powers of supervision are determined by the High Court through general or special orders.
Illustration: Chief Judicial Magistrate And Additional Chief Judicial Magistrate
Imagine a district with three sub-divisions. The High Court appoints a Judicial Magistrate as the CJM for the district. Additionally, the High Court appoints another Judicial Magistrate as an ACJM, who may be given powers related to specific types of cases. The High Court also designates a Judicial Magistrate in each sub-division as the SDM. Each SDM has supervisory control over the other Judicial Magistrates in their respective sub-division, subject to the overall control of the CJM.
Common Questions and Answers:
Q: Who appoints the Chief Judicial Magistrate?
A: The High Court appoints the Chief Judicial Magistrate.
Q: What are the powers of the Additional Chief Judicial Magistrate?
A: The High Court determines the powers of the ACJM. This will include all or some of the powers of the CJM.
Q: What is the role of the Sub-divisional Judicial Magistrate?
A: The SDM supervises other Judicial Magistrates in their sub-division, under the overall control of the CJM.
