Report No. 37
Section 9
For section 9 of the principal Act, substitute the following section, namely:-
"9. Court of Session.- (1) The State Government shall establish a Court of Session for every sessions division.
(1A) The High Court shall appoint1 a judge of such Court.
(2) The High Court may, by general or special order in the Official Gazette, direct at what place or places the Court of Session shall ordinarily hold its sitting but if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sitting at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.
(3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in one or more such courts.
(4) A Sessions Judge of one Sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in either division as the High Court may direct.
(5) All Courts of Session existing when this Code comes into force shall be deemed to have been established under this Act.
1. The draft proceeds on the assumption that "appointment" and "posting" and "promotion" in Article 233 of the Constitution are confined to appointment to the cadre and do not cover what may be called allotment or assignment to a particular Court or area.
[Compare 32nd Report of the Law Commission]
Section 10
In section 10 of the principal Act, for sub-sections (1) and (2) substitute the following sub-sections, namely:-
'10. District Magistrate and Chief Judicial Magistrate.- (1) In every district outside the Presidency-towns the State Government shall appoint an Executive Magistrate of the first class, who shall be called the District Magistrate.
(A) In every district outside the Presidency-towns the High Court shall invest a Judicial Magistrate of the first class with the powers of a Chief Judicial Magistrate under this Code or any other law for the time being in force.
[Cf. section 10(1), Punjab]
(2) The State Government may appoint any Executive Magistrate of the first class to be an Additional District Magistrate, and such Additional District Magistrate shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force, as the State Government may direct.1
[Cf. section 10(2), Punjab]
1. It may be necessary to make certain further amendments in section 10 (Compare section 10(2A) and section 10(3), Bombay amendment), after amendments in sections 192, 406A, 528 etc. are decided upon on the lines of the Bombay amendment to those sections.
Section 12
For section 12 of the principal Act, substitute the following section, namely:-
"12. Executive and Judicial Magistrate.- (1) The State Government may appoint as many persons as it thinks fit, besides the District Magistrate, to be Executive Magistrates of the first, or second...class in any district outside the Presidency-towns and the State Government, or the District Magistrate, subject to the control of the State Government, may from time to time define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.
[Cf. section 12, Punjab]
(2) The High Court may appoint any person to be a Judicial Magistrate of the first, second or third class in any district outside the Presidency-towns, and the High Court or the Chief Judicial Magistrate subject to the control of the High Court may, from time to time, define the local areas within which he may exercise all or any of the powers with which he may be invested under this Code.
(3) The State Government, in consultation with the High Court, may for such period not exceeding six months from the commencement of the Code of Criminal Procedure (Amendment) Act, 196 as it may think fit, appoint as many persons as may be considered necessary to be Judicial Magistrates of the first or second or third class in any district outside the Presidency-towns, and the State Government, in consultation with the High Court, may define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.
(4) Except as otherwise provided by such definition the jurisdiction and powers of such persons shall extend throughout such district"-
[Note.-Reference is to the present Amendment Bill]
Note.- Section 12 (1A), Bombay and section 12(5), Punjab, relate to "appointment" in the sense of recruitment.
Section 13(1)
In section 13 of the principal Act, for sub-section (1), substitute the following sub-section, namely:-
"(1) The State Government may place any Executive Magistrate of the first or second class in charge of a sub-division and relieve him of the charge as occasion requires.
Section 13(2A) and (2B) (New)
In section 13 of the principal Act, after sub-section (2), insert the following sub-section, namely:-
(2A) The State Government may appoint any Executive Magistrate of the first or second class to be an Additional Sub-divisional Magistrate, and such Additional Sub-divisional Magistrate shall have all or any of the powers of a Sub-divisional Magistrate under this Code or under any other law for the time being in force, as the State Government may direct;
(2B) For the purposes of sub-section (1) of section 192 and sub-section (2) of section 528, such Additional Sub-Divisional Magistrates shall be deemed to be subordinate to the Sub-Divisional Magistrate".
[Section 13(2A) and (2B)]
Section 14
For section 14 of the principal Act, substitute the following section, namely:-
"14. Special Judicial Magistrate.- (1) The High Court may confer upon any person who holds or has held any judicial post under the Union or a State or possesses such other qualifications as may be specified in this behalf by the High Court all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate in respect to particular cases or to a particular class or particular classes of cases, or in regard to cases generally, in any local area outside the presidency-towns.
(2) Such Magistrates shall be called Special Judicial Magistrates, and shall be appointed for such term as the High Court may by general or special order direct.
[Cf. section 14, Bombay and Punjab]
Section 14A (New)
After section 14 of the principal Act, insert the following section, namely:-
"14A. Special Executive Magistrate.- (1) The State Government may also appoint Executive Magistrates for particular areas or for the performance of particular functions and confer upon them such powers conferred or conferrable by or under this Code on an Executive Magistrate of the first or second class as it deems fit.
(2) Such Magistrates shall be called Special Executive Magistrates, and shall be appointed for such term as the State Government may by general or special order direct:
Provided that no powers shall be conferred under this section on any police officer below the grade of Assistant or Deputy Superintendent, and no power shall be conferred on a police officer except so far as may be necessary for preserving the peace, preventing crime and detecting apprehending and detaining offenders in order to their being brought before a Magistrate and for the performance by the officer of any other duties imposed upon him by any law for the time being in force.
(3) The State Government may delegate, with such limitations as it thinks fit, to any officer under its control the powers conferred by sub-section (1) or (2)."
[Compare section 14(2), Bombay and existing section 14(1)] [Cf. section 14(4]
Section 15
In section 15 of the principal Act, for sub-section (1), substitute the following section, namely:-
"(1) The High Court may direct any two or more Judicial Magistrates in any place outside the Presidency-towns to sit together as a Bench, and may by order invest such Bench with any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate of the first, second or third class, and direct it to exercise such powers in such cases, or such classes of cases only and within such limits, as the High court thinks fit."
[Cf. section 15, Punjab]
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