Courts of Judicial Magistrate of Second Class
| This article is part of a series on |
| Judiciary of India |
|---|
 |
| Law of India |
Courts of Judicial Magistrate of Second Class are at the lowest hierarchy of the Criminal Court structure in India.[1] According to the Section 9 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS),[2] a Court of Judicial Magistrate of Second Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification.[2]
According to Section 23(3) of the BNSS,[3] a Judicial Magistrate of Second Class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding Five thousand (in madhya pradesh 25 thousand)[4] rupees, or of both.[3]
A Judicial Magistrate of Second Class cannot entertain a Prayer for Police Remand while hearing for police files. If the police remand prayer is received, the same must be kept reserved and the case record must immediately be sent to Judicial Magistrate 1st Class.[5]
A Judicial Magistrate can try such offences which is triable by either "Any Magistrate" or "Judicial Magistrate 2nd Class" as enshrined in the Schedule I & II of the BNSS.[6][7]
Generally, the post for Judicial Magistrate 2nd Class is to be held for 6 months by the newly inducted officers unless the concerned Hon'ble High Court of a State pleased to seem fit to reduce or increase the time period of 6 months.[8]
A production Warrant issued by a Judicial Magistrate 2nd Class must be countersigned by the Chief Judicial Magistrate as per Section 302 of BNSS[9] only on the grounds that such warrant requires the attendance of a prisoner from a prison[9] but it does not affect the normal power of a Judicial Magistrate of Second class under section 72 of BNSS[10]
See also
[edit]| Law of India |
| .png) | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Ministry of Law and Justice | ||||||||||
| Supreme Court | ||||||||||
| High Courts | ||||||||||
| District and Subordinate Courts | ||||||||||
| Alternative dispute resolution | ||||||||||
| Tribunals | ||||||||||
| Appointment of Judges | ||||||||||
| Bar | ||||||||||
| Others | ||||||||||
References
[edit]- ^ "Second Class Judicial Magistrate Courts". webIndia123.
- ^ a b "Courts of Judicial Magistrates". indiacode.nic.in. Retrieved 25 March 2025.
{{cite web}}: CS1 maint: url-status (link) - ^ a b "Sentences which Magistrates may pass". indiacode.nic.in. Retrieved 25 March 2025.
- ^ NETWORK, LIVELAW NEWS (2016-04-04). "Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007 is retrospective in its operation; MP HC [Read Jt]". www.livelaw.in. Retrieved 2025-03-25.
- ^ "Procedure when investigation cannot be completed in twenty-four hours". indiacode.nic.in. Retrieved 25 March 2025.
- ^ "THE FIRST SCHEDULE BNSS". indiacode.nic.in. Retrieved 25 March 2025.
- ^ "THE SECOND SCHEDULE BNSS". indiacode.nic.in. Retrieved 25 March 2025.
- ^ "GSJSR-2005" (PDF). gujarathighcourt.nic.in. Retrieved 26 March 2025.
- ^ a b "Power to require attendance of prisoners". ndiacode.nic.in. Retrieved 26 March 2025.
- ^ "Form of warrant of arrest and duration". indiacode.nic.in. Retrieved 26 March 2025.