BNSS Chapter 12

Bharatiya Nagarik Suraksha Sanhita Chapter 12 – Local Jurisdiction of Judicial Magistrates

Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is India’s recently enacted criminal procedural code, replacing the Code of Criminal Procedure, 1973. One of its crucial provisions is Section 12, which outlines the local jurisdiction of Judicial Magistrates. This section is vital in arranging the judicial process geographically and functionally, clarifying how and where Magistrates can use their powers.

This article breaks down BNSS Section 12 in a straightforward yet comprehensive way, making it clear for law students, legal professionals, and citizens interested in how India’s criminal justice system works at the district level.

Understanding Section 12 of BNSS – A Simplified Overview

BNSS Section 12 mainly deals with the local territorial jurisdiction in which Judicial Magistrates work. Here's a breakdown of the three sub-sections under this provision:

Sub-section (1): Defining Local Limits by Chief Judicial Magistrate

(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:

This means the Chief Judicial Magistrate (CJM) of a district, under the general supervision of the High Court, can set the territorial boundaries where Judicial Magistrates can function. These Magistrates are appointed under:

• Section 9 – Judicial Magistrates of the first class, and

• Section 11 – Special Judicial Magistrates.

Therefore, the CJM can divide the district or assign particular areas (such as talukas, towns, or regions) and permit Magistrates to use their powers only within those defined areas. This control ensures better workload distribution, effective administration of justice, and avoids jurisdictional conflicts.

Proviso:

Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.

The Special Judicial Magistrates have some flexibility in their sittings. They can hold court anywhere in the area they are assigned, allowing for mobility and timely delivery of justice, particularly in sensitive or remote regions.

Sub-section (2): Default Jurisdiction Across the District

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

Unless the CJM has defined specific local limits, the general rule is that each Judicial Magistrate will have jurisdiction throughout the entire district. This means:

• A Magistrate can use their legal powers anywhere in the district unless specific boundaries are already set by the CJM.

This provision is important for ensuring that justice is not delayed because of territorial technicalities, especially in urgent cases.

This default arrangement ensures flexibility and continuity in court operations without special notifications.

Sub-section (3): Jurisdiction Extending Beyond One 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.

This clause deals with inter-district jurisdiction. Sometimes, the local jurisdiction assigned to a Judicial Magistrate might cross into another district. For these situations, the Sanhita clarifies:

• If a Magistrate's area of operation includes more than one district, then any mention in BNSS of the Court of Session or Chief Judicial Magistrate (CJM) shall refer to the CJM or Sessions Court of the specific district in which the Magistrate is acting.

This ensures administrative clarity and avoids confusion when determining which CJM or Sessions Court has authority over the Magistrate’s actions in a specific part of their extended jurisdiction.

Why Section 12 Matters: Legal and Practical Significance

Section 12 has practical implications in both legal administration and litigation management:

• Efficient Case Allocation: By permitting defined territorial jurisdictions, Section 12 prevents case backlogs in certain courts and encourages even workload distribution.

• Jurisdictional Clarity: It guarantees that those involved in litigation and police officers know which Magistrate can hear a case based on location, avoiding legal disputes over territorial competence.

• Support for Special Magistrates: The clause supporting Special Judicial Magistrates' mobility improves justice delivery in remote or high-priority areas.

• Flexibility in Unassigned Areas: Until local limits are set, allowing a Magistrate to work across the district guarantees uninterrupted administration of justice.

Comparison with the Old Code of Criminal Procedure (CrPC, 1973)

The CrPC Section 14 had a similar provision, and BNSS Section 12 retains its spirit while offering slightly clearer structure and language. The BNSS modernizes the jurisdictional framework in the following ways:

• Offers more explicit clarity on multiple district jurisdictions.

• Gives legal recognition to the practice of Special Judicial Magistrates holding court at any place in their designated area.

• Reinforces the authority of the Chief Judicial Magistrate in defining local jurisdiction, reinforcing decentralized legal control.

Practical Scenario Example

Let's say a Judicial Magistrate in District A is given added jurisdiction over portions of neighboring District B. If a case arises in that part of District B, and the BNSS mentions that some responsibility rests with the CJM or Sessions Court, it would not mean the CJM of District A automatically oversees it. Instead, the CJM of District B, within that geographical area, would hold that authority—maintaining the district-wise separation even in shared jurisdictions.

This clarity is important for:

• Inter-district investigations.

• Transfer of cases.

• Jurisdictional appeals.

Conclusion

BNSS Section 12 is a fundamental legal provision, ensuring Judicial Magistrates function within a clear territorial structure. It balances flexibility and administrative control, giving the Chief Judicial Magistrate a key role in organizing judicial work locally. Furthermore, by addressing jurisdiction that spans more than one district, it makes the law adaptable to real-world complexities.

For anyone involved in the criminal justice system—whether police officers, lawyers, law students, or members of civil society—understanding Section 12 is essential for knowing where and how justice is delivered on the ground.