Section 9 of the BNSS, 2023 (Courts of Judicial Magistrates)

Section 9 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 provides the legal framework for the establishment of the most foundational tier of the criminal judiciary: the Judicial Magistrates. These courts handle the vast majority of criminal cases in India and serve as the first point of judicial contact for both the police and the accused.

While this section corresponds to Section 11 of the old CrPC, it reflects a major best visible policy shift—the abolition of Metropolitan Areas. By removing the distinction between “Metropolitan” and “Non-Metropolitan” districts, the BNSS ensures a uniform judicial structure across the nation.

Establishment of Magistrate Courts (Sub-section 1)

The power to create these courts is shared between the Executive and the Judiciary to ensure that the number of courts is high enough to meet the demands of the local population.

• Process: The State Government establishes these courts at specific places after consultation with the High Court.
• Classification: Every district will now have two primary tiers:
  1. Judicial Magistrates of the First Class (JMFC)
  2. Judicial Magistrates of the Second Class (JMSC)

Uniformity: The phrase “(not being a metropolitan area)” found in the old CrPC is now redundant under the BNSS, as all districts are treated equally. This ensures that the best-fit legal procedure is consistent whether a crime is committed in a village or a major city.

Special Courts and Exclusive Jurisdiction (Proviso to Sub-section 1)

To handle specific types of crimes efficiently (such as CBI cases, NIA cases, or economic offences), the BNSS allows for the creation of Special Courts.

• Nature of Special Courts: These are established for a “particular case” or “particular class of cases.”
• Exclusive Jurisdiction: Once a Special Court is established for a specific purpose in a local area, no other Magistrate Court in that area can try those specific cases. This prevents jurisdictional overlap and ensures that specialized cases are handled by top-tier judicial officers with the relevant expertise.

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Appointment and Civil-Criminal Integration (Sub-sections 2 and 3)

The BNSS maintains a strict separation of powers while allowing for administrative flexibility during high-workload periods.

1. Appointment by High Court (Sub-section 2)

While the State Government establishes the “physical” court, the Presiding Officers (the judges themselves) are appointed exclusively by the High Court. This protects the judiciary from political influence.

2. Conferring Powers on Civil Judges (Sub-section 3)

The High Court has the power to confer criminal powers (JMFC or JMSC) upon any member of the Judicial Service of the State who is currently acting as a Civil Judge.

• Why this matters: This is a proven method for clearing backlogs. If a district has a spike in criminal cases but enough Civil Judges, the High Court can empower those Civil Judges to handle criminal matters, ensuring the best utilization of human resources.

Rationale: The Move Toward Uniformity

The removal of the “Metropolitan” distinction is the most significant takeaway from Section 9.

• Equality before Law: It removes the perceived hierarchy where city courts were seen as “different” or “superior” to district courts.
• Administrative Simplicity: A single set of rules for JMFCs across India makes the law more visible and easier to study for practitioners and students alike.
• Streamlined Appeals: It simplifies the appellate process, as all JMFCs now report to the Court of Session under a unified framework.

Summary Table: BNSS Section 9 vs. CrPC Section 11