Section 10 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 establishes the supervisory and administrative leadership within the subordinate judiciary of a district. While Section 8 defines the Sessions Judge as the overall head of the districtโs criminal courts, Section 10 focuses on the hierarchy of the Judicial Magistrates.
The BNSS has refined these roles to ensure a high level of administrative efficiency and best visible clarity in the chain of command. By removing the โMetropolitan Areaโ distinction, Section 10 now applies a uniform leadership structure across all districts in India.
Appointment of the Chief Judicial Magistrate (Sub-section 1)
The Chief Judicial Magistrate (CJM) is the cornerstone of the districtโs magistrate-level judiciary.
- The Rule: In every district, the High Court shall appoint a Judicial Magistrate of the First Class (JMFC) to be the CJM.
- Abolition of Metropolitan Distinction: The BNSS has effectively removed the designation of โChief Metropolitan Magistrateโ (CMM), replacing it with a singular, uniform CJM role. This ensures that the best-fit administrative practices are standardized nationwide.
Additional Chief Judicial Magistrates (Sub-section 2)
To assist the CJM in districts with a heavy caseload, the High Court may appoint Additional Chief Judicial Magistrates (ACJM).
- Eligibility: Any Judicial Magistrate of the First Class (JMFC) can be elevated to this position.
- Powers: An ACJM possesses all or any of the powers of a CJM, as directed by the High Court. This allows for a top-tier distribution of judicial work, ensuring that urgent matters like remands and bails are handled without delay.
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Sub-divisional Judicial Magistrates (Sub-sections 3 and 4)
For administrative decentralization, the BNSS provides for leadership at the sub-district level.
Designation of SDJM
The High Court may designate a JMFC in any sub-division as the Sub-divisional Judicial Magistrate (SDJM). The High Court also has the discretion to relieve them of certain responsibilities depending on the local exigencies.
Supervisory Powers
The SDJM acts as the local โbridgeโ between the sub-divisional magistrates and the district headquarters.
- Scope of Power: Every SDJM exercises supervision and control over the work of other Judicial Magistrates within their sub-division.
- Limitation: They do not exercise control over Additional Chief Judicial Magistrates (ACJMs).
- General Control: The SDJMโs authority is always โsubject to the general control of the Chief Judicial Magistrate.โ
Key Changes: BNSS Section 10 vs. CrPC Section 12
| Feature | CrPC, 1973 (Old) | BNSS, 2023 (New) |
| Metropolitan Distinction | Distinct roles (CMM vs CJM) | Uniform CJM Designation |
| Hierarchy | CMM, CJM, ACJM, SDJM | CJM, ACJM, SDJM |
| Sentencing Power | Up to 7 years | Up to 7 years (Retained) |
| Administrative Uniformity | Complex and varied | Simplified and Centralized |
Rationale for the Supervisory Structure
The hierarchical arrangement in Section 10 is designed to achieve several high-value legal goals:
- Administrative Oversight: It ensures that the CJM can monitor the disposal rate of cases, ensuring the best visible progress in reducing judicial backlogs.
- Decentralization: By empowering the SDJM, the law ensures that judicial administration is effective even in remote sub-divisions, providing top-ranking service to litigants.
- Disciplinary Chain: It establishes a clear line of authority for the distribution of work and the management of judicial conduct at the subordinate level.
Summary of Roles and Powers
- Chief Judicial Magistrate (CJM): The administrative head of all Magistrates in the district. Can pass any sentence authorized by law except death, life imprisonment, or imprisonment exceeding 7 years.
- Additional CJM (ACJM): Shares the powers of the CJM to manage high volumes of judicial business.
- Sub-divisional Judicial Magistrate (SDJM): Exercises local supervision in sub-divisions, reporting to the CJM.
