September 8, 2024

Special Judicial Magistrates (1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferable by or under this Code on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to a particular classes of cases, in any local area, not being a metropolitan area : Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify. (2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct. (3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction. STATE AMENDMENTS ANDHRA PRADESH ■ Section 13(2) For the words “not exceeding one year at a time”, the words “not exceeding two years at a time” shall be substituted and to the said sub-section the following proviso, shall be added, namely :— “Provided that any person who is holding the office of Special Judicial Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992 and has his not completed sixty five years of age shall continue to hold office for a term of two years from the date of his appointment.”—Andhra Pradesh Act No. 2 of 1992. BIHAR ■ Section 13 In section 13 for the words “in any district”, substitute the words “in any local area”.—Vide Act No. 8 of 1977. HARYANA ■ Section 13(1) In section 13 for the words “second class” substitute the words “first or second class” and for the words “in any district” substitute the words “in any local area”.—Vide Act No. 16 of 1976. HIMACHAL PRADESH ■ Section 13(1) In sub-section (1) of section 13 for the words “in any district”, substitute the words “in any local area”.—Vide Act No. 40 of 1976. PUNJAB ■ Section 13(1) In section 13, sub-section (1) : for the words “second class” substitute the words “first class or second class” and for the words “in any district” substitute the words “in any local area”.—Vide Act No. 9 of 1978. UTTAR PRADESH ■ Section 13(1) In section 13 for the words “second class” substitute the words “first or second class” and for the words “in any district” substitute the words “in any local area”.—Vide Act No. 16 of 1976.

Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc (1) In every district (not being a metropolitan area), 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 Code or under any other law for the time being in force as the High Court may direct. (3) (a) 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. (b) 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. STATE AMENDMENTS NAGALAND ■ Section 12(1)/(2)/(3) In sub-sections (1), (2) and (3) the words “High Court” shall be substituted by the words “State Government” wherever it occurs.-Vide Notification No. Law 170/74 Leg. dated 3-7-1975. UTTAR PRADESH ■ Section 12(4) Insert the following sub-section to section 12 : “(4) Where the Office of the Chief Judicial Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior-most among the Additional Chief Judicial Magistrates and other Judicial Magistrates present at the place, and in their absence the District Magistrate and in his absence the senior-most Executive Magistrate shall dispose of the urgent work of the Chief Judicial Magistrate.”—Vide U.P. Act No. 1 of 1984.

Courts of Judicial Magistrates (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 : 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 Magistrates 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, DADRA AND NAGAR HAVELI AND LAKSHADWEEP ■ Sub-section (3) 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. – Regulation 1 of 1974. BIHAR ■ Sub-section (4) After sub-section (3), insert following sub-section : “(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 No. 8 of 1977. HARYANA ■ Sub-section (1A) After sub-section (1), insert following sub-section : “(1A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular cases or to particular class or classes of cases, or to cases generally in any local area,”—Vide Haryana Act No. 16 of 1976. KERALA ■ Sub-section (1A) Insert the following sub-sections after sub-section (1) : “(1A) The State Government may likewise establish as many special courts of Judicial Magistrates of first 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 Kerala Act No. 21 of 1987. The amendments made by sub-section (1) shall be, and shall be deemed to have been, in force for the period commencing from the 2nd day of December, 1974 and ending with the 18th day of December, 1978. PUNJAB ■ Sub-section (1A) After sub-section (1), insert following sub-section : “(1A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class in respect to particular cases or to particular classes of cases or in regard to cases generally, in any local area.”—Vide Punjab Act No. 9 of 1978. RAJASTHAN ■ Sub-section (1A) After sub-section (1), insert following sub-section : “(1A) The State Government may likewise 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 Rajasthan Act No. 10 of 1977. UTTAR PRADESH ■ Sub-section (1A) After sub-section (1), insert following sub-section : “(1A) The State Government may likewise 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 Act No. 16 of 1976.

Subordination of Assistant Sessions Judges (1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction. (2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges. (3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application. COMMENTS Scope of sub-section (3) and transfer of bail applications – Sub-section (3) confers power on the Sessions Judge to make over an urgent application to the Additional or Assistant Sessions Judge or CJM, for disposal under either of the two circumstances, namely, his absence or his “inability to act”. By reason of the use of expression “inability to act”, a Sessions Judge can make over an urgent application for disposal to an Additional Sessions Judge not only when he is physically incapable of acting but also when he is otherwise unable to act due to pressure of other work. The transfer of trial cases by the Sessions Judge to the Additional Sessions Judge is provided in section 194. Section 400 deals with transfer of revision cases, and the transfer of criminal appeals is dealt in section 481. The only provision, therefore, under which a Sessions Judge can make over an application for bail to an Additional Sessions Judge is section 10(3)—Vide T.V. Sarma v. A. Nagakoteshwarrao 1977 Cr. LJ 19.

Court of Session (1) The State Government shall establish a Court of Session for every sessions division. (2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court. (3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session. (4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct. (5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division ; and every such Judge or Magistrate shall have jurisdiction to deal with any such application. (6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify ; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein. Explanation : For the purposes of this Code, “appointment” does not include the first appointment, posting or promotion of a person by the Government to any service, or post in connection with the affairs of the Union or of a State, whereunder any law, such appointment, posting or promotion is required to be made by Government. STATE AMENDMENTS UTTAR PRADESH ■ Section 9(5A) Insert the following sub-section after sub-section (5) : “(5A) In the event of the death, resignation, removal or transfer of the Sessions Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the senior-most among the Additional Sessions Judges and the Assistant Session Judges present at the place, and in their absence the Chief Judicial Magistrate shall without relinquishing his ordinary duties assume charge of the office of the Sessions Judge and continue in charge thereof until the office is resumed by the Sessions Judge or assumed by an officer appointed thereto, and shall subject to the provision of this Code and any rules made by the High Court in this behalf, exercise any of the powers of the Sessions Judge.”—Vide U.P. Act No.1 of 1984. ■ Sub-section (6) Insert following proviso : “Provided that the Court of Session may hold, or the High Court may direct the Court of Session to hold, its sitting in any particular case at any place in the sessions division, where it appears expedient to do so for considerations of internal security or public order, and in such cases, the consent of the prosecution and the accused shall not be necessary.”—Vide Uttar Pradesh Act No. 16 of 1976. WEST BENGAL ■ Section 9(3) Insert the following provisos to sub-section (3) : “Provided that notwithstanding anything to the contrary contained in this Code, an additional Sessions Judge in a sub-division, other than the sub-division, by whatever name called, wherein the headquarters of the Sessions Judge are situated, exercising jurisdiction in a Court of Session, shall have all the powers of the Sessions Judge under this Code, in respect of the cases and proceedings in the Criminal Courts in that sub-division, for the purposes of sub-section (7) of section 116, sections 193 and 194, clause (a) of section 209 and sections 409, 439 and 449 : Provided further that the above powers shall not be in derogation of the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code.”—Vide W.B. Act No. 24 of 1988. COMMENTS Genesis of the provision – In the case of State of Assam v. Ranga Muhammad AIR 1967 SC 903, the Supreme Court has held that all transfers of District Judges (which under article 236 of the Constitution includes Sessions Judges, Additional Sessions Judges, Asstt. Sessions Judges and Chief Presidency Magistrates), must be made only by the High Court and not by the Government. The expression “control over district courts” used in article 235 of the Constitution covers “posting”, “appointment”, “promotion”, etc. The Government’s power under article 233 extends only to the making of the first appointment to the cadre of District Judges. Accordingly, section 9 is in two parts : the first part states that the State Government shall establish a Court of Session for every sessions division and the second part states that the High Court shall appoint a Judge of such court. The other sub-sections also refer to the High Court. Sub-sections (5) and (6) – Provision has been made in sub-section (5) for the disposal of work of a Sessions Judge when the office becomes suddenly vacant (by reason, say, of the transfer or death of the Judge or otherwise). Sub-section (6) provides that a Court of Session will ordinarily hold its sitting at the place or places specified by the High Court. Explanation – The Explanation clarifies the intention that “the provisions relating to the appointment of Sessions Judges and Magistrates are not repugnant to the provisions of the Constitution or any other law relating to the first appointment and posting of a person to the relevant service or post”.

Metropolitan areas (1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code. (2) As from the commencement of this Code, each of the presidency towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area. (3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million. (4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area ; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place. (5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court of Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place. Explanation : In this section, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published. STATE AMENDMENTS DELHI ■ Section 8 – in sub-section (1), for the words “a city or town”, the words “a city or town or part thereof” shall be substituted; w.r.e.f. 1-9-2011 – for sub-section (3), the following sub-section shall be substituted, w.r.e.f. 1-9-2011, namely:— “(3) The State Government may, by notification divide a metropolitan area into two or more such areas or extend or reduce or alter the limits of a metropolitan area: Provided that— (a)   the division of metropolitan area shall not be so made as to result in the population of any of the areas into which it has been divided being less than one million; and (b)   the reduction or alteration of metropolitan area shall not be so made as to reduce the population of such area to less than one million.”; – after sub-section (4), the following sub-section shall be inserted w.r.e.f. 1-9-2011, namely:— “(4A) Where any metropolitan area is divided under sub-section (3), the High Court may issue such directions as it deems fit with respect to the disposal of the proceedings pending immediately before such division before any Magistrate or court having jurisdiction in respect of such area.”—Vide Delhi Act No. 9 of 2011.

Territorial divisions (1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts : Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district. (2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts. (3) The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions. (4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section.

Classes of Criminal Courts Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely :— (i)   Courts of Session ; (ii)   Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates ; (iii)   Judicial Magistrates of the second class ; and (iv)   Executive Magistrates.

Saving Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.