Code:
(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 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this Code:
1[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.
2[(3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan 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, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area.]
STATE AMENDMENT
Maharashtra
Insertion of section 14A in Act 2 of 1974.–after section 14 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra (hereinafter referred to as “the said Code”), the following section shall be inserted, namely:–
14A. Investing Judicial Magistrates with jurisdiction in specified cases or local area.–The High Court may invest any Judicial Magistrate with all or any of the powers conferred or conferrable by or under this Code upon a Judicial Magistrate in respect to particular cases or to a particular class or classes of cases or in regard to cases generally in any local area consisting of all or any of the districts specified by it in this behalf.
[Vide Maharashtra Act 23 of 1976, s. 2]
Explanation:
Section 14 CrPC outlines the areas where a Judicial Magistrate has the authority to hear and decide criminal cases. This jurisdiction is determined by the geographical location where the offence is alleged to have been committed.
The key points of the section are:
- Jurisdiction based on the place of occurrence: A Judicial Magistrate has jurisdiction over any offence committed within the local limits of their jurisdiction.
- Exceptions: There are specific exceptions where the Magistrate can exercise jurisdiction even if the offence occurred outside their territory, such as when the accused is found within their jurisdiction or if the offence is connected to a previous offence committed within their jurisdiction.
- Types of Judicial Magistrates: The section applies to all types of Judicial Magistrates, including First Class, Second Class, and Special Judicial Magistrates.
Illustration:
Suppose a person commits theft in Delhi, and the accused is apprehended in Mumbai. In this case, a Judicial Magistrate in Mumbai can exercise jurisdiction over the case because the accused is found within their jurisdiction.
Common Questions and Answers:
Q: What happens if an offence is committed in multiple jurisdictions?
A: The Magistrate of the jurisdiction where the major portion of the offence was committed will generally have jurisdiction.
Q: Can a Magistrate transfer a case to another jurisdiction?
A: Yes, under certain circumstances, a Magistrate can transfer a case to another jurisdiction if it is deemed necessary in the interests of justice.
Q: What is the role of the High Court in determining jurisdiction?
A: The High Court can also decide jurisdiction disputes between Magistrates of different jurisdictions.
