Code:
(1) In every district (not being a metropolitan area) there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify:
1[Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.]
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.
STATE AMENDMENTS
Andaman and Nicobar Islands (U.T.).–
Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep
In the Code, as it applies to the Union Territories to which this regulation extends, in sub-section (3) of section 11, for the words “any member of the judicial service of the state functioning as a judge in a civil court”, the words “any person discharging the functions of a civil court”, shall be substituted.
[Vide Andaman and Nicobar Islands (U.T.). Act 1 of 1974, s. 4.]
Uttar Pradesh
Amendment of section 11.– In section 11 of the said Code, after sub-section (1) the following subsection shall be inserted and be deemed always to have been inserted, namely :–
“”(1-A) The State Government may like-wise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular cases, or to a particular class or particular classes of cases; or in regard to cases, generally, in any local area.”
[Vide Uttar Pradesh Act 16 of 1976, s. 3]
Bihar
Amendment of Section 11.– After sub-section (3) of Section 11 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the said Code) the following sub-section shall be inserted and shall be deemed always to have been inserted, namely:–
“(4) The State Government may likewise establish for any local area one or more courts of Judicial Magistrate of the First Class or Second Class to try any particular cases or particular class or categories of cases.”
[Vide Bihar Act 8 of 1977, s. 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.
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).
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.
