(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate. (2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him.
Bharatiya Nagarik Suraksha Sanhita
Section 13
Subordination of Judicial Magistrates
Englishहिंदी
⚡ Quick Answer Reference: Section 13 BNSS
- Provision: Section 13 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONSTITUTION OF CRIMINAL COURTS AND OFFICES
- Jurisdiction: India
- Summary: This section explains the hierarchy of Judicial Magistrates, with the Chief Judicial Magistrate being under the Sessions Judge and other Judicial Magistrates under the Chief Judicial Magistrate.
Statutory Content
What does Section 13 of BNSS say?
Indian StandardSection 13, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 13 (India)
Court Pleading StandardSection 13 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/13
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 13 of BNSS mean?
Plain English Explanation
This section explains the hierarchy of Judicial Magistrates, with the Chief Judicial Magistrate being under the Sessions Judge and other Judicial Magistrates under the Chief Judicial Magistrate.
Practical Interpretation
In practice, this section ensures a clear chain of command among Judicial Magistrates, facilitating the efficient distribution of cases and administrative tasks.
Core Legal Purpose
The core purpose is to establish a structured judicial hierarchy for effective case management and administrative control within the judicial system.
Key Legal Elements
- •The Chief Judicial Magistrate must be subordinate to the Sessions Judge.
- •Other Judicial Magistrates are subordinate to the Chief Judicial Magistrate.
- •The Chief Judicial Magistrate has the authority to make rules for business distribution among subordinate Judicial Magistrates.
- •These rules must be consistent with the Bharatiya Nagarik Suraksha Sanhita.
Practical Example
Practical Example of Section 13 BNSS
For instance, if Rajesh, a Judicial Magistrate in Mumbai, needs guidance on a case, he would report to the Chief Judicial Magistrate, who in turn, if necessary, could consult the Sessions Judge, ensuring that the judicial hierarchy is respected and that decisions are made in accordance with the established rules and the Sanhita.
Common Questions (FAQ)
Frequently Asked Questions about Section 13 BNSS
Q: What is the punishment or consequence under Section 13 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 the hierarchy and administration within the judicial system, specifically to Judicial Magistrates and their superiors, not directly to private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, so it does not classify any act as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 13 BNSS
What is Section 13 of BNSS?
Section 13 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Subordination of Judicial Magistrates". In plain terms: This section explains the hierarchy of Judicial Magistrates, with the Chief Judicial Magistrate being under the Sessions Judge and other Judicial Magistrates under the Chief Judicial Magistrate.
What is the punishment under Section 13 of BNSS?
Section 13 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 13 of BNSS bailable or non-bailable?
Whether Section 13 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 13 of BNSS?
The essential elements of Section 13 of BNSS are: The Chief Judicial Magistrate must be subordinate to the Sessions Judge.; Other Judicial Magistrates are subordinate to the Chief Judicial Magistrate.; The Chief Judicial Magistrate has the authority to make rules for business distribution among subordinate Judicial Magistrates..
Landmark Case Laws
Landmark Judgments under Section 13 BNSS
Patnahcucisdb94 High Court (10 8)
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