Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 11: Special Judicial Magistrates
(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area: Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.
Brefe Detail
This section outlines the provisions for appointing Special Judicial Magistrates by the High Court at the request of the Central or State Government. These magistrates can be granted specific powers to handle particular cases or classes of cases, provided they meet the qualifications set by the High Court. Their term of appointment is limited to one year.
Question & Answers
What is the role of the High Court in appointing Special Judicial Magistrates?
The High Court may confer powers on individuals who hold or have held government positions to act as Special Judicial Magistrates at the request of the Central or State Government.
What qualifications are required for someone to be appointed as a Special Judicial Magistrate?
The individual must possess qualifications or experience in legal affairs as specified by the High Court through its rules.
How long can Special Judicial Magistrates be appointed for?
Their term of appointment shall not exceed one year at a time.
Example
If a retired district judge is requested by the State Government to handle specific cases related to public safety, the High Court may appoint them as a Special Judicial Magistrate for that purpose.
Summary
Section 11 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the framework for appointing Special Judicial Magistrates by the High Court, defining their powers, qualifications, and term limits in relation to specific cases.
