Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 12: Local Jurisdiction of Judicial Magistrates
(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which they may respectively be invested under this Sanhita: Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
(3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an area beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district.
Brief Detail
Section 12 outlines the local jurisdiction of Judicial Magistrates appointed under sections 9 and 11 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It empowers the Chief Judicial Magistrate, under the High Court's control, to define the local limits within which these Magistrates can exercise their powers. The section clarifies that the jurisdiction of these Magistrates typically extends throughout their respective districts.
Question & Answers
What is the role of the Chief Judicial Magistrate regarding local jurisdiction?
The Chief Judicial Magistrate has the authority to define the local limits within which the Magistrates appointed under sections 9 or 11 can exercise their powers, subject to the control of the High Court.
How far does the jurisdiction of the Judicial Magistrates extend?
The jurisdiction and powers of every such Magistrate shall generally extend throughout the district, unless defined otherwise.
What happens if a Magistrate's jurisdiction extends beyond their district?
If a Magistrate's local jurisdiction extends beyond their district, references to the Court of Session or Chief Judicial Magistrate will be construed as relating to the appropriate jurisdiction in relation to the district they serve.
Example
- If a Judicial Magistrate appointed under section 9 is assigned to a district that borders another district, they may be empowered to exercise their jurisdiction in both districts as defined by the Chief Judicial Magistrate.
- A Special Judicial Magistrate can hold court sessions at any location within their established local area, facilitating access to justice in different parts of the community.
Summary
Section 12 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes the framework for local jurisdiction of Judicial Magistrates, empowering the Chief Judicial Magistrate to delineate the areas in which these magistrates can operate. This ensures that the administration of justice is effectively managed across local districts.
