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Section 10 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Chief Judicial Magistrate and Additional Chief Judicial Magistrate

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Section 10 BNSS: Chief Judicial Magistrate & Additional CJM

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has made a major change in the criminal procedure system of India by abrogating the Code of Criminal Procedure, 1973. One of the most remarkable features of this new legal system is Section 10 BNSS, which regulates the appointment, powers, and functions of the Chief Judicial Magistrate BNSS and the Additional Chief Judicial Magistrate BNSS. These courts have a significant role in the administration of justice and the supervision of Magistrate Courts at the district level.

The article intends to clarify Section 10 of the Bharatiya Nagarik Suraksha Sanhita, emphasizing the authority, jurisdiction, appointment process, and responsibilities of the Chief Judicial Magistrate under BNSS in the arrangement of Criminal Courts under BNSS.

Understanding Chief Judicial Magistrate BNSS (Section 10 BNSS)

It is not possible to separate one’s personal opinion from the matter in the case of the Chief Judicial Magistrate, BNSS, who is located in every district as per Section 10 of the Bharatiya Nagarik Suraksha Sanhita, except for the metropolitan areas where a Metropolitans Magistrate system is in place. The Chief Judicial Magistrate is the highest-ranking Judicial Magistrate in the district and has both administrative and judicial power over the subordinate magistrates’ courts.

The BNSS 2023 Chief Judicial Magistrate, this function enhances the synergy among the Magistrate Courts and also ensures that there is uniformity in the criminal proceeding.

Appointment of Chief Judicial Magistrate BNSS

The appointment of Chief Judicial Magistrate BNSS is made by the High Court from among Judicial Magistrates with adequate experience.

Key Appointment Criteria

  • Selection from the existing judicial service
  • Appointment by the High Court
  • Judicial independence maintained

The process of Appointment of Chief Judicial Magistrate BNSS ensures that only experienced judicial officers are entrusted with supervisory responsibilities under Criminal Courts under BNSS.

Additional Chief Judicial Magistrate BNSS

In districts with a heavy workload, the High Court may appoint one or more Additional Chief Judicial Magistrate BNSS.

Key Features

  • Exercises powers similar to the Chief Judicial Magistrate
  • Functions under the direction of the Chief Judicial Magistrate
  • Assists in managing administrative and judicial workload

The Additional Chief Judicial Magistrate BNSS through his/her support ensures the smooth operation of the district judiciary.

Jurisdiction of Chief Judicial Magistrate BNSS

The territorial powers of Chief Judicial Magistrate BNSS extend to all over the district, enjoy both judicial and administrative power.

Territory Jurisdiction

  • Trial of criminal cases as permitted by law
  • Oversight of Judicial Magistrate Courts
  • Monitoring procedural compliance

The Jurisdiction of Chief Judicial Magistrate BNSS ensures uniform application of criminal law and reduces procedural irregularities at the lower court level.

Powers of Chief Judicial Magistrate BNSS

The powers of Chief Judicial Magistrate BNSS are wider than those of other Judicial Magistrates.

Key Powers

  • Allocation of cases among Magistrates
  • Supervision of court functioning
  • Right Bail Consideration
  • Legal Detention and Remand.

These Powers of Chief Judicial Magistrate BNSS help maintain discipline and consistency within Criminal Courts under BNSS.

Role of Chief Judicial Magistrate BNSS

The Role of Chief Judicial Magistrate BNSS is both judicial and administrative.

Core Responsibilities

  • Supervising subordinate Magistrate Courts
  • To secure a speedy disposal of cases
  • Safeguarding procedural safeguards
  • Serving as a link between Session Courts and Magistrate Courts

Through this Role of Chief Judicial Magistrate BNSS, the district criminal justice system functions smoothly and lawfully.

Chief Judicial Magistrate under BNSS in Criminal Courts Structure

In the structure of Criminal Courts under BNSS, the Chief Judicial Magistrate under BNSS has a pivotal role among the BNSS judges.

Hierarchical Position

  • Below the Sessions Court 
  • Above the Judicial Magistrate of the First and Second classes

This placement allows the Chief Judicial Magistrate BNSS to exercise effective oversight while remaining accessible for routine criminal matters.

Significance of BNSS 2023 Chief Judicial Magistrate

The introduction of BNSS 2023 Chief Judicial Magistrate organizes judicial accountability to enable procedural clarity.

Key Significance

  • Clear delegation of supervisory authority
  • Reduced administrative burden on Sessions Courts
  • Better coordination among Magistrate Courts

The structured role under BNSS ensures improved management of criminal cases at the district level.

Comparison with Judicial Magistrates

While Judicial Magistrates handle day-to-day trials, the Chief Judicial Magistrate BNSS provides leadership and direction.

Key Differences

  • CJM supervises multiple courts
  • Judicial Magistrates exercise limited jurisdiction
  • CJM ensures procedural consistency

This distinction maintains order and efficiency within Criminal Courts under BNSS.

Importance of Bharatiya Nagarik Suraksha Sanhita Section 10

Bharatiya Nagarik Suraksha Sanhita Section 10 lays the foundation for organized supervision of Magistrate Courts.

Why Section 10 Matters

  • Establishes leadership within district judiciary
  • Prevents procedural irregularities
  • Promotes uniform application of criminal law

Through Section 10 BNSS, the authority of the Chief Judicial Magistrate BNSS is clearly defined and legally supported.

Conclusion

The Chief Judicial Magistrate BNSS, as established under Section 10 – Bharatiya Nagarik Suraksha Sanhita (BNSS), plays a vital role in the administration of criminal justice at the district level. Supported by the Additional Chief Judicial Magistrate BNSS, this office ensures that Magistrate Courts function efficiently, lawfully, and consistently.

With clearly defined jurisdiction, well-established powers, and a transparent appointment process, the Chief Judicial Magistrate BNSS strengthens the foundation of Criminal Courts under BNSS. The reforms introduced through BNSS 2023 Chief Judicial Magistrate reflect India’s commitment to procedural fairness and judicial discipline.

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