Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 10: Chief Judicial Magistrate and Additional Chief Judicial Magistrate. etc.
(1) In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time being in force as the High Court may direct.
(3) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.
(4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.
Brief Detail
Section 10 of the Bharatiya Nagarik Suraksha Sanhita, 2023 details the appointments of the Chief Judicial Magistrate, Additional Chief Judicial Magistrate, and Sub-divisional Judicial Magistrate. The High Court has the authority to appoint Judicial Magistrates to these roles and can grant them specific powers under this Sanhita or other laws in force. The Chief Judicial Magistrate exercises general control, while the Sub-divisional Judicial Magistrates hold supervisory powers over other magistrates in the sub-division.
Question & Answers
Who appoints the Chief Judicial Magistrate in a district?
The Chief Judicial Magistrate is appointed by the High Court from among the Judicial Magistrates of the first class.
Can the High Court appoint an Additional Chief Judicial Magistrate?
Yes, the High Court may appoint an Additional Chief Judicial Magistrate who will have all or any of the powers of a Chief Judicial Magistrate as directed by the High Court.
What are the powers of the Sub-divisional Judicial Magistrate?
The Sub-divisional Judicial Magistrate is granted powers of supervision and control over the work of Judicial Magistrates (excluding Additional Chief Judicial Magistrates) in their sub-division, subject to the control of the Chief Judicial Magistrate.
Example
For example, in a large district, the High Court may appoint both a Chief Judicial Magistrate and an Additional Chief Judicial Magistrate to manage the workload and specific duties assigned to them. The Sub-divisional Judicial Magistrate would oversee the magistrates in different sub-divisions within the district.
Summary
Section 10 establishes the process of appointing Chief Judicial Magistrates, Additional Chief Judicial Magistrates, and Sub-divisional Judicial Magistrates by the High Court. These roles are integral in managing the judicial administration in districts, with the Chief Judicial Magistrate overseeing general functions and the Sub-divisional Judicial Magistrate supervising magistrates in sub-divisions.
