(1) In every district, 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 Sanhita or under any other law for the time being in force as the High Court may direct. (3) 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. (4) 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.
Bharatiya Nagarik Suraksha Sanhita
Section 10
Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
⚡ Quick Answer Reference: Section 10 BNSS
- Provision: Section 10 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONSTITUTION OF CRIMINAL COURTS AND OFFICES
- Jurisdiction: India
- Summary: The Bharatiya Nagarik Suraksha Sanhita (BNSS) requires each district to have a Chief Judicial Magistrate, who is a Judicial Magistrate of the first class appointed by the High Court. The High Court can also appoint Additional Chief Judicial Magistrates with similar powers. Sub-divisional Judicial Magistrates are designated to oversee Judicial Magistrates in their sub-division, with powers specified by the High Court.
What does Section 10 of BNSS say?
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What does Section 10 of BNSS mean?
Plain English Explanation
The Bharatiya Nagarik Suraksha Sanhita (BNSS) requires each district to have a Chief Judicial Magistrate, who is a Judicial Magistrate of the first class appointed by the High Court. The High Court can also appoint Additional Chief Judicial Magistrates with similar powers. Sub-divisional Judicial Magistrates are designated to oversee Judicial Magistrates in their sub-division, with powers specified by the High Court.
Practical Interpretation
In real practice, the Chief Judicial Magistrate oversees the judicial magistrates in a district, while Additional Chief Judicial Magistrates assist them. Sub-divisional Judicial Magistrates are responsible for supervising Judicial Magistrates in their sub-division, as per the High Court's orders.
Core Legal Purpose
The core purpose of this section is to establish a hierarchical structure for judicial magistrates in each district, ensuring effective supervision and control over the judicial process.
- •The High Court must appoint a Judicial Magistrate of the first class as the Chief Judicial Magistrate in each district.
- •The High Court may appoint any Judicial Magistrate of the first class as an Additional Chief Judicial Magistrate.
- •The High Court may designate any Judicial Magistrate of the first class as a Sub-divisional Judicial Magistrate.
- •The Chief Judicial Magistrate has general control over the Sub-divisional Judicial Magistrates.
Practical Example of Section 10 BNSS
In the district of Noida, the High Court appoints Rajesh as the Chief Judicial Magistrate. The High Court also designates Priya as the Sub-divisional Judicial Magistrate for the sub-division of Greater Noida. Priya is responsible for supervising the Judicial Magistrates in her sub-division, as per the High Court's orders. This ensures effective oversight and control over the judicial process in the district.
Frequently Asked Questions about Section 10 BNSS
Q: What is the punishment or consequence under Section 10 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, specifically the High Court and judicial magistrates.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses, so it does not apply to bailable or cognizable offenses.
Common Questions about Section 10 BNSS
What is Section 10 of BNSS?
Section 10 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc". In plain terms: The Bharatiya Nagarik Suraksha Sanhita (BNSS) requires each district to have a Chief Judicial Magistrate, who is a Judicial Magistrate of the first class appointed by the High Court. The High Court can also appoint Additional Chief Judicial Magistrates with similar powers. Sub-divisional Judicial Magistrates are designated to oversee Judicial Magistrates in their sub-division, with powers specified by the High Court.
What is the punishment under Section 10 of BNSS?
Section 10 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 10 of BNSS bailable or non-bailable?
Whether Section 10 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 10 of BNSS?
The essential elements of Section 10 of BNSS are: The High Court must appoint a Judicial Magistrate of the first class as the Chief Judicial Magistrate in each district.; The High Court may appoint any Judicial Magistrate of the first class as an Additional Chief Judicial Magistrate.; The High Court may designate any Judicial Magistrate of the first class as a Sub-divisional Judicial Magistrate..
Landmark Judgments under Section 10 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 10
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