Section 10 BNSS 2023: Chief Judicial Magistrate, Additional Chief Judicial Magistrate and Sub-divisional Judicial Magistrate

Section 10 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) forms part of Chapter II on the constitution of criminal courts and offices. It provides for appointment of the Chief Judicial Magistrate, appointment of Additional Chief Judicial Magistrates, designation of a Sub-divisional Judicial Magistrate, and the supervisory role that may be assigned within a sub-division.

Current legal status: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. It received assent on 25 December 2023. The BNSS came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Text of Section 10 BNSS

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

(1) In every district, 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 Sanhita or under any other law for the time being in force as the High Court may direct.

(3) 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.

(4) 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 10 BNSS

Section 10 establishes the principal judicial-magistracy appointments at the district and sub-divisional levels. The provision places the appointment or designation power with the High Court and sets out how authority may be distributed among the Chief Judicial Magistrate, Additional Chief Judicial Magistrates and a Sub-divisional Judicial Magistrate.

Chief Judicial Magistrate

Under section 10(1), the High Court is required to appoint a Judicial Magistrate of the first class as the Chief Judicial Magistrate in every district. For the purpose of this provision, the expression describes the Judicial Magistrate of the first class who has been appointed by the High Court to hold that office.

Additional Chief Judicial Magistrate

Section 10(2) empowers the High Court to appoint any Judicial Magistrate of the first class as an Additional Chief Judicial Magistrate. An Additional Chief Judicial Magistrate may exercise all or any of the powers of the Chief Judicial Magistrate under the BNSS or another law, but only to the extent directed by the High Court.

Sub-divisional Judicial Magistrate

Under section 10(3), the High Court may designate a Judicial Magistrate of the first class in a sub-division as the Sub-divisional Judicial Magistrate. Section 10(4) further permits that Magistrate, subject to the general control of the Chief Judicial Magistrate, to exercise supervision and control over Judicial Magistrates in the sub-division other than Additional Chief Judicial Magistrates, to the extent specified by a general or special order of the High Court.

Key legal points under Section 10

The Chief Judicial Magistrate must be a Judicial Magistrate of the first class and is appointed by the High Court.
The appointment of an Additional Chief Judicial Magistrate is discretionary with the High Court.
The powers of an Additional Chief Judicial Magistrate depend on the direction made by the High Court.
The High Court may designate a first-class Judicial Magistrate as the Sub-divisional Judicial Magistrate.
The supervisory authority of a Sub-divisional Judicial Magistrate is subject to the general control of the Chief Judicial Magistrate.
The High Court may define the supervisory powers of the Sub-divisional Judicial Magistrate by general or special order.

Section 10 BNSS at a glance

Provision	Subject	Authority
Section 10(1)	Appointment of Chief Judicial Magistrate	High Court
Section 10(2)	Appointment and powers of Additional Chief Judicial Magistrate	High Court
Section 10(3)	Designation of Sub-divisional Judicial Magistrate	High Court
Section 10(4)	Supervision and control within the sub-division	Sub-divisional Judicial Magistrate, subject to the Chief Judicial Magistrate and High Court order

Relationship with the former Code of Criminal Procedure, 1973

Section 10 BNSS substantially corresponds to section 12 of the Code of Criminal Procedure, 1973, which dealt with the Chief Judicial Magistrate, Additional Chief Judicial Magistrate and Sub-divisional Judicial Magistrate. The BNSS is the current central criminal procedure legislation for matters to which it applies from 1 July 2024, while the former CrPC remains relevant where saved or otherwise applicable under law.

Reading note: Section 10 is primarily an institutional and administrative provision. It identifies who appoints or designates these judicial magistrates and how specified powers or supervisory responsibilities may be conferred. The exact judicial powers exercisable in a proceeding may also depend on other provisions of the BNSS, the applicable law, and orders of the competent High Court.

Official text and further reading

Readers should refer to the official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 for authoritative statutory wording and to applicable High Court notifications or orders where the exercise or distribution of powers is material to a particular case.

This page is an explanatory legal information resource. It is not a substitute for the official statutory text, applicable rules, notifications, judicial decisions or professional legal advice in a specific matter.