- 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.
Simplified Explanation:
Section 11 of the Code of Criminal Procedure (CrPC) 1973 focuses on establishing Courts of Judicial Magistrates. This section is instrumental in laying down the foundation for the operational structure of the judiciary at the district level for handling criminal matters. Here’s a detailed explanation:
- Establishment of Courts: It mandates the State Government, in consultation with the High Court, to establish Courts of Judicial Magistrates of the first class and of the second class in every district. This provision ensures a formal and organized structure for the administration of criminal justice across all districts.
- Appointment of Judicial Magistrates: The Chief Judicial Magistrate (CJM) is appointed by the High Court, and under the guidance and control of the CJM, Judicial Magistrates of the first and second class are appointed to preside over these courts. The CJM thus plays a pivotal role in the district’s judicial administration, overseeing the work of other magistrates.
- Special Judicial Magistrates: For particular cases or specific purposes, the High Court is also empowered to appoint Special Judicial Magistrates, who may not necessarily be members of the regular judicial service. These appointments can be made to address specific needs, such as a backlog of cases or specialized matters requiring particular expertise.
- Control and Supervision: The section underscores that all Judicial Magistrates within a district are subordinate to the CJM, establishing a clear hierarchy and system of accountability. This hierarchical structure is crucial for effectively managing and overseeing judicial processes at the district level.
- Local Jurisdiction: The High Court determines each judicial magistrate’s specific territorial jurisdiction—that is, the geographical area within which they can exercise their authority. This ensures that judicial resources are allocated efficiently and that magistrates can effectively administer justice within their designated areas.
Section 11 is fundamental because it outlines the basic judicial framework at the district level for the trial of criminal cases, ensuring a systematic and accessible means for individuals to seek redress for grievances under criminal law. By establishing a network of Judicial Magistrates under the oversight of a Chief Judicial Magistrate, the CrPC aims to facilitate a smooth and effective process for the administration of criminal justice across the country.
