Code of Criminal Procedure, 1973 · Chapter II: Constitution of Criminal Courts and Offices
Section 11: Courts of Judicial Magistrates
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(1) In every district (not being a metropolitan area) 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 1. Added by Act 45 of 1978, s. 3 (w.e.f. 18-12-1978).
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 11
- All India Judges Association v. Union of India
- State (Through) Central Bureau of Investigation v. Shri Kalyan Singh (Former Cm of Up) & Ors.
- Md. Shahabuddin v. State of Bihar & Ors.
- Mohd. Aslam @ Bhure v. State of U.P. and Ors.
- State (Union of India) v. Ram Saran
- Dy. Chief Controller of Imports and Exports v. Roshanlal Agarwal and Ors.
- Attiq-Ur-Rehman v. Municipal Corporation of Delhi and Anr.