Code of Criminal Procedure, 1973

Section 12 CrPC: Chief Judicial Magistrate and Additional Chief Judicial Magistrate

Section 12 of the Code of Criminal Procedure, 1973 dealt with the appointment and administrative position of the Chief Judicial Magistrate, Additional Chief Judicial Magistrate and Sub-divisional Judicial Magistrate in districts other than metropolitan areas. It formed part of the CrPC framework governing the constitution and supervision of criminal courts before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.

Current legal position: The Code of Criminal Procedure, 1973 was repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 with effect from 1 July 2024, subject to the repeal and savings provisions. This page reproduces and explains Section 12 CrPC as applicable under the pre-BNSS framework. The corresponding provision is Section 10 of the BNSS, 2023.

Text of Section 12 CrPC

12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

(1) In every district (not being a metropolitan area), 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 Code or under any other law for the time being in force as the High Court may direct.

(3)(a) 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.

(3)(b) 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.

Meaning and scope of Section 12 CrPC

Section 12 established the principal judicial-magistracy offices at the district and sub-divisional levels. The provision entrusted the High Court with the appointment or designation of the judicial officers mentioned in the section and enabled the High Court to determine the powers of an Additional Chief Judicial Magistrate and the supervisory responsibilities of a Sub-divisional Judicial Magistrate.

Chief Judicial Magistrate under Section 12(1)

Under sub-section (1), the High Court was required to appoint a Judicial Magistrate of the first class as the Chief Judicial Magistrate in every district other than a metropolitan area. The Chief Judicial Magistrate occupied the principal position among Judicial Magistrates at the district level, subject to the wider statutory scheme concerning the control and subordination of criminal courts.

Additional Chief Judicial Magistrate under Section 12(2)

Sub-section (2) empowered the High Court to appoint a Judicial Magistrate of the first class as an Additional Chief Judicial Magistrate. An Additional Chief Judicial Magistrate did not automatically receive every power of the Chief Judicial Magistrate. The extent of the powers exercisable depended upon the direction of the High Court under the CrPC or any other law for the time being in force.

Sub-divisional Judicial Magistrate under Section 12(3)

Under clause (a) of sub-section (3), the High Court could designate a Judicial Magistrate of the first class in a sub-division as the Sub-divisional Judicial Magistrate. The High Court could also relieve that Magistrate of the responsibilities assigned by the section whenever circumstances required.

Clause (b) gave the Sub-divisional Judicial Magistrate supervisory and controlling functions over Judicial Magistrates in the sub-division, other than Additional Chief Judicial Magistrates. These functions remained subject to the general control of the Chief Judicial Magistrate and to the powers specified by the High Court through a general or special order.

Important terms used in Section 12

Chief Judicial Magistrate: the Judicial Magistrate of the first class appointed by the High Court to hold the office of Chief Judicial Magistrate for the district under Section 12(1).
Additional Chief Judicial Magistrate: a Judicial Magistrate of the first class appointed by the High Court under Section 12(2), exercising such powers of the Chief Judicial Magistrate as the High Court directs.
Sub-divisional Judicial Magistrate: a Judicial Magistrate of the first class designated by the High Court under Section 12(3) for a sub-division, with supervisory and controlling functions as specified by the High Court.
Metropolitan area: for the CrPC framework, metropolitan areas were separately dealt with under Sections 8 and 16 to 19, including the offices of the Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.

Section 12 CrPC and Section 10 BNSS

The subject matter of former Section 12 CrPC is now substantially contained in Section 10 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 10 BNSS deals with the Chief Judicial Magistrate, Additional Chief Judicial Magistrate and Sub-divisional Judicial Magistrate. One textual change is that the words excluding a metropolitan area from the district-level provision in former Section 12(1) CrPC do not appear in Section 10(1) BNSS.

For proceedings governed by the earlier Code, the repeal and savings provisions should be considered before determining whether the CrPC or the BNSS applies. The procedural law applicable to a particular matter may therefore depend on the commencement and transitional provisions governing that proceeding.

Related CrPC provisions

Section 12 should be read with Section 11 CrPC on Courts of Judicial Magistrates, Section 14 CrPC on local jurisdiction of Judicial Magistrates and Section 15 CrPC on subordination of Judicial Magistrates. Metropolitan magistracy was separately addressed in Section 16 CrPC and the succeeding provisions.

Note: This page is an informational presentation of the pre-BNSS statutory framework. State amendments and applicable transitional provisions should also be checked where relevant to a particular proceeding or jurisdiction.