Section 12 CrPC: Chief Judicial Magistrate & Additional Chief Judicial Magistrate Powers and Jurisdiction
This section defines the powers and jurisdiction of the Chief Judicial Magistrate (CJM) and Additional Chief Judicial Magistrate (ACJM) in India.
1. State the code:
Section 12 of the Code of Criminal Procedure, 1973 (CrPC)
2. Explain it:
This section outlines the following:
- Appointment: CJMs and ACJMs are appointed by the State Government.
- Jurisdiction: They have jurisdiction over all criminal cases within their respective territorial limits, except those specifically excluded by other provisions of the CrPC.
- Powers: They have the power to try all offenses, except those specifically assigned to the Court of Sessions.
- Presiding over Sessions Court: In the absence of the Sessions Judge, the CJM can preside over the Sessions Court in certain cases.
3. Illustrate it:
Let’s say a theft case is filed in a particular district. The CJM of that district will have the jurisdiction to try the case. However, if the case involves serious offenses like murder or rape, it would be transferred to the Court of Sessions.
4. Common Questions and Answers:
Q: Who appoints the CJM and ACJM?
A: They are appointed by the State Government.
Q: What is the difference between CJM and ACJM?
A: Both have similar powers and jurisdiction, but the CJM is typically the senior officer and may have some additional responsibilities.
Q: Can a CJM try any case?
A: No, they cannot try cases specifically assigned to the Court of Sessions.
Q: What happens if the Sessions Judge is absent?
A: The CJM can preside over the Sessions Court in certain cases.
