(1) In every district there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify: Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established. (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.
Bharatiya Nagarik Suraksha Sanhita
Section 9
Courts of Judicial Magistrates
⚡ Quick Answer Reference: Section 9 BNSS
- Provision: Section 9 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONSTITUTION OF CRIMINAL COURTS AND OFFICES
- Jurisdiction: India
- Summary: This section establishes Courts of Judicial Magistrates in every district, with the State Government specifying their locations after consulting the High Court. It also outlines the appointment of presiding officers and the potential for Special Courts.
What does Section 9 of BNSS say?
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What does Section 9 of BNSS mean?
Plain English Explanation
This section establishes Courts of Judicial Magistrates in every district, with the State Government specifying their locations after consulting the High Court. It also outlines the appointment of presiding officers and the potential for Special Courts.
Practical Interpretation
In practice, this section allows for the creation of specialized courts to handle specific cases or classes of cases, ensuring efficient and targeted judicial oversight. The High Court plays a crucial role in appointments and conferring powers.
Core Legal Purpose
The core purpose is to provide a framework for the establishment and operation of Judicial Magistrate Courts, ensuring that each district has access to judicial services and that the High Court maintains oversight and control over the judicial process.
- •Establishment of Courts of Judicial Magistrates in every district
- •Specification of locations by the State Government after consulting the High Court
- •Appointment of presiding officers by the High Court
- •Potential for establishing Special Courts for specific cases or classes of cases
Practical Example of Section 9 BNSS
For instance, in the district of Mumbai, the State Government, after consulting the High Court, establishes a Special Court of Judicial Magistrates to handle cases related to cybercrime. Rajesh, a victim of identity theft, can then approach this Special Court for redressal. The presiding officer, appointed by the High Court, will oversee the case, ensuring that justice is served efficiently and effectively.
Frequently Asked Questions about Section 9 BNSS
Q: What is the punishment or consequence under Section 9 of BNSS?
Section 9 of BNSS does not specify punishments or consequences but rather outlines the establishment and operation of Courts of Judicial Magistrates. Consequences would depend on the specific cases heard by these courts.
Q: Does this section apply to private individuals or public entities?
This section applies to the establishment of judicial infrastructure and the appointment of judicial officers, which in turn affects both private individuals and public entities that interact with these courts.
Q: Is an offence under this section bailable or cognizable?
Section 9 of BNSS is procedural in nature, dealing with the establishment of courts and appointment of officers, and does not directly address the bailability or cognizability of offences, which would be determined by the specific laws under which cases are brought before these courts.
Common Questions about Section 9 BNSS
What is Section 9 of BNSS?
Section 9 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Courts of Judicial Magistrates". In plain terms: This section establishes Courts of Judicial Magistrates in every district, with the State Government specifying their locations after consulting the High Court. It also outlines the appointment of presiding officers and the potential for Special Courts.
What is the punishment under Section 9 of BNSS?
Section 9 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 9 of BNSS bailable or non-bailable?
Whether Section 9 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 9 of BNSS?
The essential elements of Section 9 of BNSS are: Establishment of Courts of Judicial Magistrates in every district; Specification of locations by the State Government after consulting the High Court; Appointment of presiding officers by the High Court.
Landmark Judgments under Section 9 BNSS
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 9
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