Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 9: Courts of Judicial Magistrates
(1) In every district 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: 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.
Brief Detail
Section 9 outlines the establishment and structure of Courts of Judicial Magistrates in every district under the Bharatiya Nagarik Suraksha Sanhita, 2023. It specifies that the State Government, in consultation with the High Court, shall establish these courts and may create Special Courts for specific cases, restricting other magistrates from handling such cases. The presiding officers of these courts are to be appointed by the High Court, which also has the authority to confer judicial powers to certain members of the Judicial Service.
Question & Answers
What is the requirement for establishing Courts of Judicial Magistrates in a district?
Every district is required to establish as many Courts of Judicial Magistrates of the first class and of the second class as specified by the State Government in consultation with the High Court.
Can Special Courts of Judicial Magistrates be established?
Yes, the State Government may establish one or more Special Courts of Judicial Magistrates for particular cases or classes of cases, and such courts will have exclusive jurisdiction over those cases in the local area.
Who appoints the presiding officers of the Courts of Judicial Magistrates?
The presiding officers of the Courts of Judicial Magistrates are appointed by the High Court.
Example
For example, if there is a need to address a specific type of crime in a locality, the State Government may establish a Special Court of Judicial Magistrate dedicated to handling those cases exclusively, ensuring that the regular magistrate courts do not interfere.
Summary
Section 9 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the framework for the establishment of Courts of Judicial Magistrates in every district. It highlights the role of the State Government and the High Court in appointing presiding officers and conferring powers to judicial officers, as well as the provision for Special Courts to address particular case types.
