BNSS Code – Section 9 (1) – (3)
Section 9 (1) – (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the establishment and functioning of Judicial Magistrate Courts.
Section 9(1) – Establishment of Judicial Magistrate Courts
This section states that every district shall have at least one Court of Judicial Magistrate of the first class and one of the second class. The State Government, in consultation with the High Court, decides the exact number and location of these courts through a notification.
Additionally, the State Government can create Special Courts for specific cases or categories of cases. If such a Special Court is established, other Magistrate Courts in that area lose jurisdiction over the cases assigned to the Special Court.
Illustration: Courts Of Judicial Magistrates
Imagine a district with two existing Judicial Magistrate Courts. The State Government, after consulting the High Court, decides to establish a Special Court for cases related to environmental crimes. This Special Court will handle all cases related to environmental offenses in the district, and the existing Courts will no longer have jurisdiction over such cases.
Section 9(2) – Appointment of Presiding Officers
The High Court is responsible for appointing the presiding officers (Judges) of these Judicial Magistrate Courts.
Section 9(3) – Conferring Powers on Civil Court Judges
This section allows the High Court to grant the powers of a Judicial Magistrate of the first or second class to any member of the Judicial Service of the State who serves as a Judge in a Civil Court. This allows for flexibility in allocating judicial resources and ensuring efficient case handling.
Common Questions and Answers: Courts Of Judicial Magistrates
Q: What is the purpose of establishing different classes of Judicial Magistrate Courts?
A: Different classes of Judicial Magistrate Courts have varying levels of jurisdiction and sentencing powers. Courts of Judicial Magistrate of the first class handle more serious cases than those of the second class.
Q: Can a Special Court be established for a single case?
A: Yes, the State Government can establish a Special Court for a single case, if deemed necessary.
Q: Why is the High Court involved in the establishment and appointment of Judicial Magistrate Courts?
A: The High Court is involved to ensure the independence of the judiciary. Additionally, it is to maintain consistency in the application of legal principles throughout the state.
