BNSS Chapter 2

BNSS Chapter 2 Explained: Understanding the Structure of Criminal Courts and Legal Offices in India

Deep Dive into Sections 6 to 20 of the Bharatiya Nagarik Suraksha Sanhita, 2023

When we talk about law and justice, the very foundation lies in how the system is structured. India’s legal framework is not just about laws and punishments—it’s also about who enforces them, where, and how. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) brings forward a refreshed and systematic approach to criminal law, and Chapter 2 specifically focuses on how criminal courts and key offices are constitutionally organized.

This chapter—comprising Sections 6 to 20—lays out in detail how criminal courts are categorized, who heads them, how their jurisdiction is defined, and what roles prosecutors play in the system. Let’s walk through these sections in simple, everyday language so anyone—whether a law student or a concerned citizen—can understand how justice works behind the scenes.

Section 6 – Different Types of Criminal Courts in India

This section sets the stage by listing the primary criminal courts operating in every State and Union Territory (excluding military courts). These are:

• Courts of Session

• Judicial Magistrates of First Class

• Judicial Magistrates of Second Class

• Executive Magistrates

Each court handles different types of matters based on the seriousness of the case. While a Sessions Court usually hears major criminal offences like murder or rape, Judicial Magistrates deal with less severe crimes such as theft or local disputes. Executive Magistrates, on the other hand, are not trial courts but take on administrative and preventive roles to maintain public order.

Section 7 – How States are Divided for Judicial Purposes

Every state in India is broken down into sessions divisions and districts for smooth judicial administration. The State Government, in consultation with the High Court, determines how this division takes place.

For example, Delhi may have multiple sessions divisions, each encompassing a few districts. These divisions define where and how far a particular court’s powers extend. Without such territorial boundaries, it would be impossible to assign responsibility or track jurisdiction properly.

Section 8 – The Court of Session

This section describes how each sessions division must have a Court of Session, which is essentially the topmost trial court in that division for criminal cases. These courts are set up by the State Government, but the judges are appointed by the High Court.

These courts deal with serious offences and are presided over by a Sessions Judge, assisted by Additional or Assistant Session Judges. The Sessions Judge has the power to pronounce strong punishments, including life sentences or even capital punishment—although death sentences must be confirmed by the High Court.

Section 9 – Judicial Magistrate Courts

In each district (excluding metropolitan areas), the State Government—after checking with the High Court—can create Judicial Magistrate courts. These include:

• First Class Judicial Magistrates, who hear moderately serious criminal cases.

• Second Class Judicial Magistrates, who deal with relatively minor offences.

They form the base of the criminal justice system and handle the bulk of local criminal cases.

Section 10 – Role of Chief and Additional Chief Judicial Magistrates

Every district is required to have a Chief Judicial Magistrate (CJM). The High Court appoints this officer, who is responsible for overseeing all other Judicial Magistrates in the district. If needed, the court may also appoint an Additional CJM to help manage the workload.

These positions are vital to ensuring that local courts operate efficiently, and justice is delivered promptly.

Section 11 – Appointment of Special Judicial Magistrates

In certain situations, where regular courts are overwhelmed or a special kind of expertise is required, the High Court can appoint Special Judicial Magistrates. These are often retired judges or legal professionals who are temporarily empowered to hear specific kinds of cases or serve in particular regions.

This provision ensures flexibility in the judicial system.

Section 12 – Jurisdiction of Judicial Magistrates

This section answers a simple question: Where does a particular Magistrate have authority? The Chief Judicial Magistrate can define the local boundaries within which each Judicial Magistrate can operate. For example, one Magistrate may be assigned only to cases from a certain block or taluka within a district.

This keeps things clear and avoids overlapping of duties.

Section 13 – Chain of Command Among Judicial Magistrates

No court system can work without a proper hierarchy. This section establishes that:

• All Judicial Magistrates are subordinate to the Chief Judicial Magistrate

• Ultimately, all Judicial Magistrates in a sessions division are under the general supervision of the Sessions Judge

This chain of command ensures accountability, monitoring, and coordination across the judicial setup.

Section 14 – Who Are Executive Magistrates?

While Judicial Magistrates conduct trials, Executive Magistrates are more concerned with preventive and administrative functions like issuing orders during communal tensions, enforcing curfews, or maintaining peace during protests.

They are usually appointed from the civil administration (like IAS officers) by the State Government for each district or sub-division.

Section 15 – Special Executive Magistrates

Much like the earlier provision for Special Judicial Magistrates, this section allows for Special Executive Magistrates to be appointed in urgent or special circumstances. This could include managing large public events, festivals, or areas prone to recurring law and order issues.

Section 16 – Jurisdiction of Executive Magistrates

Executive Magistrates, too, have local jurisdictions defined by the State Government. These boundaries help prevent any confusion in administrative duties, ensuring each officer knows their area of responsibility—be it a district, a sub-division, or a specific town.

Section 17 – Reporting Structure for Executive Magistrates

Executive Magistrates are not independent. They work under the District Magistrate (DM) and, in sub-divisions, also report to the Sub-Divisional Magistrate (SDM). This reporting structure enables effective governance and smooth coordination between civil and police administrations.

Section 18 – Role of Public Prosecutors

When a criminal case reaches trial, it’s the Public Prosecutor who represents the State. Appointed by the State Government, they act on behalf of the people and the justice system. Public Prosecutors present evidence, question witnesses, and argue cases in Sessions Courts.

Importantly, their role is not just to get a conviction—they must ensure the trial is fair and just.

Section 19 – Assistant Public Prosecutors (APPs)

For cases in the Magistrate courts, the State appoints Assistant Public Prosecutors. These officers handle routine but essential cases like thefts, assaults, and public disturbances. They ensure that everyday crimes are also prosecuted efficiently and fairly.

Section 20 – Establishing the Directorate of Prosecution

To maintain consistency and quality in criminal prosecutions across the state, the State Government may create a Directorate of Prosecution. This body is headed by a Director of Prosecution, typically a senior legal officer, and oversees the work of all Public and Assistant Public Prosecutors.

This centralized structure ensures better training, coordination, and legal integrity in how the government prosecutes cases.

Why BNSS Chapter 2 Is the Backbone of Criminal Justice

Justice doesn’t just depend on laws—it depends on how those laws are implemented, and by whom. Chapter 2 of the BNSS makes sure that every role is clearly defined, every court knows its limits, and every legal officer—from the Sessions Judge to the Assistant Public Prosecutor—understands their place in the system.

By modernizing and clarifying the structure of criminal courts and prosecution offices, the BNSS takes a big step towards a faster, fairer, and more transparent legal system in India.