(1) Subject to the control of the High Court, the Chief udicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which they may respectively be invested under this Sanhita: Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. (3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an area beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district.
Bharatiya Nagarik Suraksha Sanhita
Section 12
Local Jurisdiction of Judicial Magistrates
⚡ Quick Answer Reference: Section 12 BNSS
- Provision: Section 12 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONSTITUTION OF CRIMINAL COURTS AND OFFICES
- Jurisdiction: India
- Summary: This section explains how the local jurisdiction of judicial magistrates works. It says that the Chief Judicial Magistrate can decide which areas a magistrate can handle. The magistrate's powers will usually extend throughout the district, but if they handle cases outside their district, they will still follow the rules of the district they are based in.
What does Section 12 of BNSS say?
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What does Section 12 of BNSS mean?
Plain English Explanation
This section explains how the local jurisdiction of judicial magistrates works. It says that the Chief Judicial Magistrate can decide which areas a magistrate can handle. The magistrate's powers will usually extend throughout the district, but if they handle cases outside their district, they will still follow the rules of the district they are based in.
Practical Interpretation
In real practice, this section means that the Chief Judicial Magistrate has the power to define the areas where magistrates can exercise their powers. This helps ensure that magistrates are handling cases within their expertise and jurisdiction.
Core Legal Purpose
The core purpose of this section is to provide a framework for the local jurisdiction of judicial magistrates, ensuring that they can effectively handle cases within their designated areas.
- •The Chief Judicial Magistrate has the power to define the local limits of areas within which magistrates can exercise their powers.
- •The jurisdiction and powers of every magistrate extend throughout the district, unless otherwise defined.
- •The local jurisdiction of a magistrate extends beyond the district in which they ordinarily hold court, but they will still follow the rules of the district they are based in.
- •The Court of Special Judicial Magistrate can hold its sitting at any place within the local area for which it is established.
Practical Example of Section 12 BNSS
Rajesh, a judicial magistrate, is appointed to handle cases in a specific area within the district of Delhi. However, he is also required to handle cases in the neighboring district of Noida. According to Section 12 of BNSS, Rajesh's local jurisdiction extends beyond the district of Delhi, but he will still follow the rules of the Delhi district. This means that if he needs to refer a case to the Court of Session or Chief Judicial Magistrate, he will refer it to the Delhi Court of Session or Chief Judicial Magistrate, even though the case is being handled in Noida.
Frequently Asked Questions about Section 12 BNSS
Q: What is the punishment or consequence under Section 12 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 judicial magistrates, who are public officials.
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 is neither bailable nor cognizable.
Common Questions about Section 12 BNSS
What is Section 12 of BNSS?
Section 12 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Local Jurisdiction of Judicial Magistrates". In plain terms: This section explains how the local jurisdiction of judicial magistrates works. It says that the Chief Judicial Magistrate can decide which areas a magistrate can handle. The magistrate's powers will usually extend throughout the district, but if they handle cases outside their district, they will still follow the rules of the district they are based in.
What is the punishment under Section 12 of BNSS?
Section 12 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 12 of BNSS bailable or non-bailable?
Whether Section 12 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 12 of BNSS?
The essential elements of Section 12 of BNSS are: The Chief Judicial Magistrate has the power to define the local limits of areas within which magistrates can exercise their powers.; The jurisdiction and powers of every magistrate extend throughout the district, unless otherwise defined.; The local jurisdiction of a magistrate extends beyond the district in which they ordinarily hold court, but they will still follow the rules of the district they are based in..
Landmark Judgments under Section 12 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 12
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