Article 3 Chief Judicial Magistrate - CrPC

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Provisions relating to Chief Judicial Magistrate in the Criminal Procedure Code (CrPC), 1973

Section - 9 of the Code states that in case of a vacancy in the office of the Sessions Judge, any urgent matter pending before such Court shall be arranged by the High Court to be disposed by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division.

Section - 10 of the Code provides for the Sessions Judge to make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge. In a case where there is no Additional or Assistant Sessions Judge, the Chief Judicial Magistrate may be directed to dispose the matter.

Section - 12 of the Code states that the Chief Judicial Magistrate is appointed by the High Court.

Section - 14 of the Code provides the Chief Judicial Magistrates with the power to define the jurisdiction of the Judicial Magistrate of the First Class, the Judicial Magistrate of the Second Class, and Special Judicial Magistrates.

Section - 15 of the Code states that every Chief Judicial Magistrate shall be subordinate to the Sessions Judge. Every other Judicial Magistrate would be subordinate to the Chief Judicial Magistrate, who may, from time to time make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him.

Section - 27 of the Code states that the Court of a Chief Judicial Magistrate may try 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.

Section - 29 of the Code provides that the Court of a Chief Judicial Magistrate 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. This Section further provides the Court of a Chief Metropolitan Magistrate with the powers of the Court of a Chief Judicial Magistrate.

Section - 34 of the Code allows the Chief Judicial Magistrate and the District Magistrate to withdraw all or any powers conferred by them on any person or by any officer subordinate to them.

Section - 73 of the Code empowers the Chief Judicial Magistrate or a Magistrate of the first class to 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 such arrest.

Section - 81 of the Code empowers the Chief Judicial Magistrate or the Sessions Judge, of the district in which an arrest of any escaped convict, proclaimed offender is made, to be released on bail, on consideration of the information and the documents under section 78(2) of the Code- in case of a non-bailable offence.

Section - 92 of the Code states that in case any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the postal or telegraph authority, as the case maybe, to deliver the document, parcel or thing to such person as the Magistrate or Court directs. Moreover, if any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal or telegraph authority, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court.

Section - 93 of the Code restricts any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.

Section - 123 of the Code provides power on the Chief Judicial Magistrate to order a person imprisoned for failing to give security, be released on bail, if he is of the opinion that such person may be released without hazard to the community or to any other person. Furthermore, in case a condition of discharge is not fulfilled, such order of discharge may be cancelled. On subsequent arrest of such person by a police officer without warrant, such person must be produced before the Chief Judicial Magistrate.

Section - 190 of the Code confers the power on the Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance on receiving a complaint of facts which constitute such offence, or on receiving a complaint of facts which constitute such offence, or on information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed, as are within his competence to inquire into or try.

Section – 191 of the Code states that in case a Magistrate takes cognizance of an offence under  information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed 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 Chief Judicial Magistrate in this behalf.

Section - 192 of the Code Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.

Section - 228 of the Code states that if the Judge is of opinion that there is ground for presuming that the accused has committed an offence which is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate.

Section - 260 of the Code empowers any Chief Judicial Magistrate, if he thinks fit, to try in a summary way all or any of the following offences:

(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years;
(ii) theft, under section 379, section 380 or section 381 of the Indian Penal Code, 1860 where the value of the property stolen does not exceed two thousand rupees;
(iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code where the value of the property does not exceed two thousand rupees;
(iv) assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code where the value of such property does not exceed two thousand rupees;
(v) offences under sections 454 and 456 of the Indian Penal Code;
(vi) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation punishable with imprisonment for a term which may extend to two years, or with fine, or with both, undersection 506 of the Indian Penal Code;
(vii) abetment of any of the foregoing offences;
(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(ix) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871.

Section - 267 of the Code states that when an order requiring the officer in charge of the prison to produce such person before the Court answering to the charge or for the purpose of such proceeding, is made by a Magistrate of the second class, it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief Judicial Magistrate, to whom such Magistrate is subordinate.

Section – 306 of the Code empowers the Chief Judicial Magistrate or Metropolitan Magistrate to tender a pardon to person who has been directly or indirectly concerned in or privy to an offence on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof, in case of offences triable exclusively by the Court of Session.

Section - 322 of the Code states that in a case in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.

Section - 324 of the Code states that where a person, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Indian Penal Code, with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those Chapters with imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, he any other person accused jointly with him in the same inquiry or trial shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted.

Section - 365 of the Code directs the Court of Chief Judicial Magistrate to forward a copy of the findings and judgement of the trial to the District Magistrate under whose local jurisdiction such trial was held.

Section – 375 of the Code states that whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond under section 106, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate. In case of more than one accused, all of them are to be forwarded to the Chief Judicial Magistrate.

Section – 381 of the Code provides that 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 Chief Judicial Magistrate.

Section - 384 of the Code directs the Chief Judicial Magistrate to record the reasons for dismissing an appeal under this section.

Section - 388 of the Code directs that Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate.

Section - 398 of the Code states that on the examination of any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed.

Section - 410 of the Code states that any Chief Judicial Magistrate may withdraw any case
from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.

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