(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 conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local 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.
Bharatiya Nagarik Suraksha Sanhita
Section 11
Special Judicial Magistrates
⚡ Quick Answer Reference: Section 11 BNSS
- Provision: Section 11 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONSTITUTION OF CRIMINAL COURTS AND OFFICES
- Jurisdiction: India
- Summary: The High Court can appoint a Special Judicial Magistrate for a specific case or type of case. This person must have experience or qualifications in legal affairs, as specified by the High Court. The appointment is usually for one year.
What does Section 11 of BNSS say?
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What does Section 11 of BNSS mean?
Plain English Explanation
The High Court can appoint a Special Judicial Magistrate for a specific case or type of case. This person must have experience or qualifications in legal affairs, as specified by the High Court. The appointment is usually for one year.
Practical Interpretation
In practice, the High Court may appoint a Special Judicial Magistrate to handle a particular case or type of case. This can be useful when there is a need for specialized expertise or when the regular Judicial Magistrate is unavailable.
Core Legal Purpose
The core purpose of this section is to empower the High Court to appoint Special Judicial Magistrates with specific powers and qualifications to handle particular cases or types of cases.
- •The High Court must be requested by the Central or State Government to appoint a Special Judicial Magistrate.
- •The person to be appointed must hold or have held a post under the Government.
- •The person must possess the specified qualifications or experience in relation to legal affairs.
- •The appointment is usually for a term not exceeding one year.
Practical Example of Section 11 BNSS
Rajesh, a retired judge, is appointed as a Special Judicial Magistrate by the High Court to handle a complex case involving a dispute between two companies. The High Court specifies that Rajesh must have at least 10 years of experience in handling commercial disputes. Rajesh is appointed for a term of one year to handle this specific case.
Frequently Asked Questions about Section 11 BNSS
Q: What is the punishment or consequence under Section 11 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 Central or State Government, which can request the High Court to appoint a Special Judicial Magistrate.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 11 BNSS
What is Section 11 of BNSS?
Section 11 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Special Judicial Magistrates". In plain terms: The High Court can appoint a Special Judicial Magistrate for a specific case or type of case. This person must have experience or qualifications in legal affairs, as specified by the High Court. The appointment is usually for one year.
What is the punishment under Section 11 of BNSS?
Section 11 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 11 of BNSS bailable or non-bailable?
Whether Section 11 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 11 of BNSS?
The essential elements of Section 11 of BNSS are: The High Court must be requested by the Central or State Government to appoint a Special Judicial Magistrate.; The person to be appointed must hold or have held a post under the Government.; The person must possess the specified qualifications or experience in relation to legal affairs..
Landmark Judgments under Section 11 BNSS
Sections commonly cited alongside Section 11
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