Bharatiya Nagarik Suraksha Sanhita, 2023

Section 12 BNSS: Local Jurisdiction of Judicial Magistrates

Section 12 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explains how the local territorial limits of Judicial Magistrates are defined, the default extent of their jurisdiction, and how references to the Court of Session or Chief Judicial Magistrate operate when a Magistrate has jurisdiction beyond the district in which the Magistrate ordinarily holds Court.

Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. Its provisions came into force on July 1, 2024, subject to the notified statutory exception concerning the First Schedule entry connected with section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
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Text of Section 12 BNSS, 2023

12. Local Jurisdiction of Judicial Magistrates.

(1) Subject to the control of the High Court, the Chief Judicial 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.

Meaning and scope of Section 12

Section 12 is a territorial-jurisdiction provision within Chapter II of the BNSS, which deals with the constitution of criminal courts and offices. It determines the geographical area within which Judicial Magistrates appointed under section 9 and Special Judicial Magistrates appointed under section 11 may exercise the powers conferred on them.

The provision does not itself confer every judicial power on a Magistrate. Rather, it regulates the local area within which powers otherwise validly conferred under the BNSS may be exercised.

Sub-section (1): Chief Judicial Magistrate may define local limits

Under section 12(1), the Chief Judicial Magistrate may define the local limits within which Magistrates appointed under sections 9 or 11 may exercise their powers. This authority is expressly subject to the control of the High Court. The provision also permits the Court of a Special Judicial Magistrate to sit at any place within the local area for which that Court is established.

Sub-section (2): district-wide jurisdiction is the default

Section 12(2) establishes the default rule. Unless the local limits have been otherwise defined under sub-section (1), the jurisdiction and powers of the Magistrate extend throughout the district. A specific territorial definition can therefore restrict or otherwise regulate that default district-wide reach.

Sub-section (3): when jurisdiction crosses district boundaries

Section 12(3) addresses the situation where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends beyond the district in which the Magistrate ordinarily holds Court. In that situation, references in the BNSS to the Court of Session or the Chief Judicial Magistrate are read, unless the context requires otherwise, as references to the competent Court of Session or Chief Judicial Magistrate exercising jurisdiction in relation to the relevant district.

Why Section 12 matters

The provision helps identify the competent territorial authority for the exercise of magisterial powers. It also prevents uncertainty where a Magistrate is given jurisdiction over an area extending beyond the Magistrate's ordinary district. In practice, territorial competence must be considered together with the particular BNSS provision under which the judicial power in question is exercised and with any valid order defining local limits.

Section 12 should be read with the provisions dealing with the establishment and appointment of Judicial Magistrates and the administrative structure immediately surrounding it:

Note: This page reproduces Section 12 for legal information and explains its structure in plain language. For authoritative use, refer to the official text of the Bharatiya Nagarik Suraksha Sanhita, 2023.