Section 11 CrPC: Courts of Judicial Magistrates – Code of Criminal Procedure
1. State the Code:
Section 11 of the Code of Criminal Procedure (CrPC) deals with the establishment and jurisdiction of Courts of Judicial Magistrates.
2. Explanation:
This section outlines the different types of Judicial Magistrates and their respective jurisdictions. These magistrates are appointed by the State Government and are responsible for handling various criminal cases.
Types of Judicial Magistrates:
- Judicial Magistrate of the First Class (JMFC): Handles cases involving offenses that are punishable with imprisonment for a term not exceeding 7 years.
- Judicial Magistrate of the Second Class (JMSC): Handles cases involving offenses that are punishable with imprisonment for a term not exceeding 3 years.
Jurisdiction:
The jurisdiction of each type of Judicial Magistrate is determined by the State Government and may vary from state to state. In general, JMFCs have wider jurisdiction than JMSCs.
3. Illustration:
Suppose a person is accused of theft, an offense punishable with imprisonment for 3 years. This case would fall under the jurisdiction of a Judicial Magistrate of the Second Class (JMSC).
4. Common Questions and Answers:
Q: What is the difference between a Judicial Magistrate and an Executive Magistrate?
A: Judicial Magistrates are responsible for trying criminal cases, while Executive Magistrates are responsible for maintaining law and order and enforcing executive orders.
Q: Can a Judicial Magistrate grant bail?
A: Yes, Judicial Magistrates have the power to grant bail in certain cases.
Q: Can a Judicial Magistrate pass a sentence of death?
A: No, only Sessions Courts and High Courts have the power to pass a sentence of death.
