Code:
(1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct.
(3) (a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.
(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.
STATE AMENDMENT
Uttar Pradesh
In section 12 of the said Code, after sub-section (3), the following sub-section shall be inserted, namely ;
“(4) Where the Office of the Chief Judicial Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior-most among the Additional Chief Judicial Magistrate and other Judicial Magistrate present at the place, and in their absence the District Magistrates present at the place, and in their absence the District Magistrate and in his absence the senior-most Executive Magistrate shall dispose of the urgent work of the Chief Judicial Magistrate.”
[Vide Uttar Pradesh Act 1 of 1984, s. 3]
Explain it:
This section outlines the following:
- Appointment: CJMs and ACJMs are appointed by the State Government.
- Jurisdiction: They have jurisdiction over all criminal cases within their respective territorial limits, except those specifically excluded by other provisions of the CrPC.
- Powers: They have the power to try all offenses, except those specifically assigned to the Court of Sessions.
- Presiding over Sessions Court: In the absence of the Sessions Judge, the CJM can preside over the Sessions Court in certain cases.
Illustrate it:
Let’s say a theft case is filed in a particular district. The CJM of that district will have the jurisdiction to try the case. However, if the case involves serious offenses like murder or rape, it would be transferred to the Court of Sessions.
Common Questions and Answers:
Q: Who appoints the CJM and ACJM?
A: They are appointed by the State Government.
Q: What is the difference between CJM and ACJM?
A: Both have similar powers and jurisdiction, but the CJM is typically the senior officer and may have some additional responsibilities.
Q: Can a CJM try any case?
A: No, they cannot try cases specifically assigned to the Court of Sessions.
Q: What happens if the Sessions Judge is absent?
A: The CJM can preside over the Sessions Court in certain cases.
