BNSS Code Section 12: Local Jurisdiction Of Judicial Magistrates
1. Code:
12. (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 9 or under section 11 may exercise all or any of the powers with which they may respectively be invested under this Sanhita:
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.
(3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an area beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of Session or Chief Judicial 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 or Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district.
2. Explanation:
Section 12 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the jurisdictional powers of Magistrates appointed under sections 9 and 11. It essentially outlines how the Chief Judicial Magistrate (CJM) can define the geographical limits within which these Magistrates can exercise their powers.
- Subsection (1) states that the CJM has the power to define the local areas where Magistrates appointed under sections 9 and 11 can exercise their powers. This is subject to the oversight of the High Court. Notably, Special Judicial Magistrates can hold their court sessions anywhere within the designated local area.
- Subsection (2) clarifies that a specific definition is to be provided. Then the jurisdiction of Magistrates appointed under sections 9 and 11 extends to the entire district.
- Subsection (3) addresses situations where a Magistrate’s jurisdiction extends beyond their district. In such cases, references to the Court of Session or CJM within the Sanhita are interpreted as referring to the corresponding court in the district where the Magistrate is exercising jurisdiction.
3. Illustration:
Imagine a Magistrate appointed under section 9 who is assigned to a specific region encompassing parts of two districts. They are named District A and District B. The CJM may define this region as the Magistrate’s jurisdictional area. Though the Magistrate may be based in District A, their powers extend to parts of District B as well. References to the CJM in District B, in relation to this Magistrate, will be interpreted as referring to CJM of District A. This is because the Magistrate’s jurisdiction encompasses the region across both districts.
4. Common Questions and Answers: on Local Jurisdiction Of Judicial Magistrates
Q: What are the powers of Magistrates appointed under sections 9 and 11?
A: The specific powers of these Magistrates are outlined in other sections of the BNSS. These powers can vary depending on the type of Magistrate and their jurisdiction.
Q: How does the High Court control the CJM’s decisions on defining local limits?
A: The High Court can review and modify the CJM’s decisions. They can do, if they believe the defined limits are inappropriate or unjust.
Q: What happens if a Magistrate exercises powers beyond their defined jurisdiction?
A: Such actions may be deemed invalid and could be subject to legal challenge.
