SECTION 11 of Cr.P.C – COURTS OF JUDICIAL MAGISTRATES

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MADHAVI DUBEY, B. A. LL. B. (hons.), DDU GORAKHAPUR UNIVERSITY, GORAKHAPUR

SECTION 11 of Cr.P.C – COURTS OF JUDICIAL MAGISTRATES

INTRODUCTION:

The criminal justice system in India is a complex and multi-layered structure that plays a vital role in maintaining law and order, protecting human rights, and promoting social justice and harmony. At the core of this system are the courts, which serve as the ultimate arbiters of justice. Among these courts, the Courts of Judicial Magistrates play a crucial role in disposing of criminal cases and delivering justice to the accused, victims, and their families.

Established under Section 11 of the Criminal Procedure Code (Cr.P.C.), these courts are responsible for trying a wide range of criminal cases, from minor offenses to serious crimes. The establishment of these courts is a testament to the commitment of the Indian judiciary to ensuring access to justice for all citizens, regardless of their location or socio-economic status.

In this article, we will explore the provisions of Section 11 of the Cr.P.C., which outlines the establishment and powers of Courts of Judicial Magistrates. We will examine the key features of these courts, their significance in the criminal justice system, and their role in promoting access to justice and upholding the rule of law along with their significance in newly passed legislation Bhartiya Nyaya suraksha Sanhita, 2023. By examining this critical aspect of the Indian criminal justice system, we hope to gain a deeper understanding of the importance of these courts and their contribution to the delivery of justice in India.

Establishment of Courts of Judicial Magistrates:

Section 11 of the Cr.P.C. mandates the establishment of Courts of Judicial Magistrates in districts not designated as metropolitan areas. This provision ensures that citizens in these districts have access to justice, despite their geographical location. It reads as:

“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 Magistrate 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.

The presiding officers of such Courts shall be appointed by the High Courts.

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.”

Powers of Judicial Magistrates

Judicial Magistrates are empowered to try a wide range of criminal cases, including cognizable offenses, non-cognizable offenses, and summons cases. They can also conduct inquiries, record evidence, and pass orders as necessary. Courts of Judicial Magistrates are classified into two categories: First Class and Second Class. First Class Magistrates have the power to try cases punishable with imprisonment up to seven years, while Second Class Magistrates can try cases punishable with imprisonment up to three years.

Special Courts

The State Government may establish Special Courts of Judicial Magistrates to try specific cases or categories of cases, such as terrorism-related offenses or crimes against women, dacoity. These Special Courts are empowered to try cases in a summary manner, ensuring speedy justice.

Appointment of Presiding Officers

The presiding officers of Courts of Judicial Magistrates are appointed by the High Court, ensuring the independence and impartiality of the judiciary. This appointment process ensures that the presiding officers are experienced and knowledgeable in the law.

Courts of Judicial Magistrates play a vital role in the criminal justice system, ensuring access to justice for citizens in districts outside metropolitan areas. They provide a safe place for the accused to defend themselves, and for victims to seek justice.

These courts also promote the principles of decentralization and devolution of power, empowering the State Government and the High Court to establish and manage courts in a manner responsive to local needs and circumstances. As the society evolves, law also evolve and the change is grassroots can be easily traced by cases heard in court of judicial magistrate.

Challenges and Limitations

Despite their significance, Courts of Judicial Magistrates face several challenges, including inadequate infrastructure, shortage of staff, and heavy workload. These challenges can lead to delays in the disposal of cases, undermining the efficiency of the criminal justice system. Recently our CJI sir D. Y. Chandrachud had pointed in his speech that female magistrates has to suffer a lot in lower judiciary due to inadequate facilities and infrastructure. The conditions of magistrates in courtroom must be bettered for their dignity and respect of that court. Such negligence may result into impartiality and later on corruption.

Here’s a blog post on ”Understanding Section 11 of the Code of Criminal Procedure (CrPC): Related Sections and Implications”

Related provisions;

Section 11 of the Code of Criminal Procedure (Cr.P.C.) is a small provision that outlines the establishment and powers of Courts of Judicial Magistrates. However, to fully understand the implications of Section 11, it’s essential to examine related sections in the Cr.P.C., which are-

Section 3: Definitions – This section defines key terms used in the Act, including “Judicial Magistrate” and “Court”.
Section 7: Powers of Judicial Magistrates – This section outlines the powers and functions of Judicial Magistrates, including their ability to try cases, conduct inquiries, and pass orders.
Section 10: Protection of Judicial Officers – This section provides for the protection of Judicial Magistrates and other judicial officers from harassment, intimidation, and frivolous complaints.
Section 195: Cognizance of Offences- This section bars the court from taking cognizance of an offence punishable under Section 195.
Section 319: Proceeding against Other Persons – This section provides for the power to proceed against other persons appearing to be guilty of an offence.

Understanding these related sections is crucial in appreciating the implications of Section 11. By examining these provisions, we can see how they work together to establish a robust framework for criminal justice. The powers of Judicial Magistrates, protection of judicial officers, and limitations on cognizance all contribute to ensuring that justice is served efficiently and effectively.

“Understanding the Bhartiya Nyaya Suraksha Sanhita (BNSS) 2023: Related Provisions for Courts of Judicial Magistrates”

The Bhartiya Nyaya Suraksha Sanhita (BNSS) 2023 is new legislation aimed at providing protection to judges, magistrates, and other judicial officers from frivolous complaints, harassment, and intimidation. While the BNSS 2023 is a comprehensive act, here we’ll only discuss related provisions in BNSS with regard to Judicial magistrates and courts. Which are provided here-
Section 5 of the BNSS 2023 provides for the establishment of Courts of Judicial Magistrates and their jurisdiction. This section mandates the State Government to establish Courts of Judicial Magistrates in districts not designated as metropolitan areas.
Section 7 of the BNSS 2023 outlines the powers and functions of Judicial Magistrates. This section empowers Judicial Magistrates to try cases, conduct inquiries, and pass orders as necessary.
Section 10 of the BNSS 2023 provides for the protection of Judicial Magistrates and other judicial officers from harassment, intimidation, and frivolous complaints. This section ensures that Judicial Magistrates can perform their duties without fear or favour.

CASE LAWS:

In Raveendra vs Sonam 2010

The Kerala High Court held that a Judicial Magistrate has the power to try offenses under Section 11 CrPC, and that the provision does not bar the trial of offenses punishable under other laws.

In R.Thamaraiselvan vs Government Of Tamil Nadu (2011):

The Madras High Court ruled that the power of the Judicial Magistrate under Section 11 Cr.P.C. is not limited to trying offenses under the Indian Penal Code, but also extends to other offenses under special laws.

The Additional Registrar General vs The Central Bureau Of Investigation (2020):

The Delhi High Court held that the CBI can investigate offenses under Section 11 Cr.P.C., and that the provision does not bar the investigation of offenses punishable under other laws.

In State vs . Gurvinder Singh (2022):

The Punjab and Haryana High Court held that a Judicial Magistrate has the power to try offenses under Section 11 Cr.P.C., and that the provision does not bar the trial of offenses punishable under other laws.

Conclusion:

Therefore, we can say the establishment of courts of judicial magistrate by the High Court in consultation with state government is necessary to provide justice to each and every individual at their local jurisdiction. To empowering judicial magistrates of first class and second class makes the process of rendering justice more trustworthy and reliable. It insures impartiality and promotes welfare of society by punishing offenders at every place.

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