Introduction

• Chief Judicial Magistrate (CJM) is part of the hierarchy of Criminal Courts under the Code of Criminal Procedure, 1973 (CrPC).
• He has several powers under CrPC related to his local and subject matter jurisdiction.

How is the Chief of Judicial Magistrate Appointed under the Code of Criminal Procedure, 1973?

Section 12 of CrPC establishes the various categories of CJM, each with distinct powers and jurisdiction.

• Appointment of Chief Judicial Magistrate:
  • In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the CJM.
• Appointment of Additional Chief Judicial Magistrate:
  • The HC may appoint any Judicial Magistrate of the first class to be an Additional CJM.
  • And such Magistrate shall have all or any of the powers of a CJM under this Code or under any other law for the time being in force as the High Court may direct.

What are the Jurisdictions of Chief Judicial Magistrate?

• Local Jurisdiction:
  • As per Section 14 of CrPC, subject to the control of the HC, the CJM may, from time to time, define the local limits of the areas within which Judicial Magistrate of First Class (JMFC) and Judicial Magistrate of Second Class appointed under Section 11 or Special Magistrate appointed under Section 13 may exercise all or any of the powers with which they may respectively be invested under this Code.
• Jurisdiction to Pass Sentences:
  • As per Section 29 of CrPC, the Court of a CJM may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
• Transfer Jurisdiction:
  • Under Section 191 of CrPC in respect of any transfer application by accused, when a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate.
  • And if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the CJM in this behalf.
• Appellate Jurisdiction:
  • Under Section 381 of CrPC, an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a CJM.
    • A CJM shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

What are the Powers of Chief Judicial Magistrate?

• Pass Urgent Application:
  • Under Section 9 of CrPC, if HC makes arrangements in the absence of a Session Judge, Assistant Session Judge and Additional Session Judge a CJM may pass an urgent application.
• To Hear Juvenile Cases:
  • Under Section 27 of CrPC other than the court specially empowered under the Children Act, 1960 any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a CJM.
• Withdrawal of Power:
  • Under Section 34 of CrPC, any power conferred by CJM to any officer subordinate to him may be withdrawn.
• Powers Exercisable by Successor-in Office:
  • Under Section 35 of CrPC, subject to the other provisions of CrPC, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.
    • When there is any doubt as to who is the successor-in-office of any Magistrate, the CJM, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purpose of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.
• Making Over of Case:
  • Under Section 192 of CrPC, any CJM may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.
• Summary Trial:
  • Under Section 260 of CrPC, CJM has power to do summary trials.

What are the Functions of Chief Judicial Magistrate?

• Directs Warrant:
  • Under Section 73 of the CrPC in respect of warrant of arrest, CJM or JMFC may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.
• Release on Bail:
  • Under Section 81 of CrPC it shall be lawful for CJM to release a person on bail who committed a non-bailable offence.
• Claims Related to Attachment of Property:
  • CJM also has power to hear and decide claims related to attachment of property under Sections 83 and 84 of CrPC.
• Letters and Telegrams:
  • Under Section 92 of CrPC in the case of letters and telegrams for the purpose of any investigation, inquiry, trial or other proceeding under CrPC, CJM may ask postal or telegraph authority to deliver the document, parcel or thing to such person as the Magistrate or Court directs.
• Release on Failure to Give Security:
  • Under Section 123 of CrPC if CJM is of opinion that any person imprisoned for failing to give security under Chapter VIII of CrPC may be released without hazard to the community or to any other person, he may order such person to be discharged.
• Disposal of Property:
  • Under Section 452 of CrPC, a CJM deals with the order of disposal of property after conclusion of trial.

What are Challenges Before Chief Judicial Magistrate?

• Burden of Cases:
  • Due to the vast population of a district the CJM has to deal with a vast number of criminal cases where no hard and fast rule can be imposed as criminal cases are considered as extremely sensitive matters with respect to a person’s life, property and reputation.
  • Adoption of technological advancement can be used to aid CJM to deal with cases efficiently.
• Lengthy Procedure:
  • The procedure mentioned in CrPC is extremely lengthy which leads to delay in judgment.
  • Several amendments can be made to ease the process without hampering the basic idea of CrPC.