Section 9 BNSS 2023: Courts of Judicial Magistrates
Section 9 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the establishment and staffing of Courts of Judicial Magistrates in every district. It covers Judicial Magistrates of the first class and second class, Special Courts of Judicial Magistrates, appointment of presiding officers, and the High Court's power to confer magisterial powers on members of the State Judicial Service functioning as Civil Court Judges.
Text of Section 9 BNSS
9. Courts of Judicial Magistrates.
(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.
Meaning and Scope of Section 9
Section 9 creates the institutional framework for Courts of Judicial Magistrates at the district level. It follows Section 6 BNSS, which lists Judicial Magistrates of the first class and second class as two classes of Criminal Courts, and Section 7 BNSS, which establishes the relevant territorial divisions.
Judicial Magistrates of the First Class
These courts are expressly recognised by Section 9(1). Their number and places are specified by the State Government after consultation with the High Court.
Judicial Magistrates of the Second Class
These courts are established through the same statutory process and form a distinct class within the criminal court structure identified by Section 6 BNSS.
Section 9(1): Establishment of Magistrate Courts
Sub-section (1) requires Courts of Judicial Magistrates of the first and second class to be established in every district. The State Government determines their number and places by notification, but only after consultation with the High Court.
The provision therefore gives the State Government the formal power to establish and geographically locate these courts while making High Court consultation an express part of that statutory process.
Special Courts of Judicial Magistrates
The proviso to Section 9(1) permits the State Government, after consultation with the High Court, to establish one or more Special Courts of Judicial Magistrates of either class for a local area. Such a Special Court may be created to try a particular case or a particular class of cases.
Once a Special Court is established for the specified case or class of cases, no other Magistrate Court in that local area has jurisdiction to try the matter or category for which the Special Court was constituted. The extent of that exclusivity is therefore tied to the notification establishing the Special Court.
Section 9(2): Appointment of Presiding Officers
The presiding officers of Courts established under Section 9 are appointed by the High Court. This complements Section 9(1), under which establishment and location are determined by the State Government after High Court consultation.
Section 9(3): Magisterial Powers for Civil Court Judges
The High Court may confer the powers of a Judicial Magistrate of the first class or second class on a member of the Judicial Service of the State who is functioning as a Judge in a Civil Court. The statutory condition is that the High Court considers such a conferment expedient or necessary.
Quick Reference
| Provision | Subject |
|---|---|
| Section 9(1) | Establishment, number and places of first-class and second-class Judicial Magistrate Courts in every district. |
| Proviso to Section 9(1) | Special Courts of Judicial Magistrates for a particular case or particular class of cases, with exclusive local jurisdiction for that assigned matter. |
| Section 9(2) | High Court appoints the presiding officers of such Courts. |
| Section 9(3) | High Court may confer first-class or second-class Judicial Magistrate powers on qualifying members of the State Judicial Service functioning as Civil Court Judges. |
Relationship with Section 10 BNSS
Section 9 establishes the basic Courts of Judicial Magistrates. The next provision, Section 10 BNSS, deals with the Chief Judicial Magistrate, Additional Chief Judicial Magistrate and related appointments within that judicial magistracy structure.
Current Legal Status
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The operative provisions of the BNSS came into force from 1 July 2024, except the notified entry in the First Schedule relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023.