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Report No. 37

Section 16

In section 16 of the principal Act, for the words "The State Government may, or, subject to the control of the State Government the District Magistrate may make rules consistent with this Code for the guidance of Magistrates' Benches in any district" substitute the words "The High Court, with the previous sanction of the State Government may, from time to time, make rules consistent with this Code for the guidance of Judicial Magistrates' Benches in any district outside the Presidency-towns."

[Cf. section 16, Punjab] [Cf. section 554]

Section 17

For section 17 of the principal Act, substitute the following, namely:-

"17. Subordination of Assistant Sessions Judge and Judicial Magistrates.- (1) All Judicial Magistrates appointed under sub-section (2) and (3) of section 12 and section 14 and all Benches constituted under section 15, shall, subject to the control of the Sessions Judge be subordinate to the Chief Judicial Magistrate, and the Chief Judicial Magistrate may, from time to time, make rules or give special orders consistent with this Code as to the distribution of business among such Magistrates and Benches.

[Cf. section 17, Punjab and section 17, Bombay]

(2) All Chief Judicial Magistrates shall be subordinate to the Sessions Judge.1

(3) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose court they exercise jurisdiction, and he may, from time to time, make rules consistent with this Code as to the distribution of business among such Assistant Sessions Judges.

(4) The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judges, by the Chief Judicial Magistrate, and such Judge or Magistrate shall have jurisdiction to deal with any such application.

[Existing section 17(5) is omitted]

After section 17 of the principal Act, insert the following new sections, namely:-

1. Existing section 17 (2) relating to subordinate to Sub-division Magistrates is omitted here. See section 17A (proposed).

Section 17A (New)

"17A. Subordination of Executive Magistrates.- (1) All Executive Magistrates appointed under sub-section (1) of section 12 and section 13 shall be subordinate to the District Magistrate, and every Executive Magistrate (other than a Sub-divisional Magistrate) exercising powers in a Sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate.

(2) The District Magistrate may, from time to time, make rules or give special orders consistent with this Code as to the distribution of business among the Executive Magistrates subordinate to him and as to allocation of business to an Additional District Magistrate.

[Cf. section 17A, Bombay and Punjab]

Section 17B (New)

"17B. Courts inferior to the High Court and the Court of Session.- (1) Courts of Session shall be criminal courts inferior to the High Court.

(2) Courts of Presidency Magistrates shall be criminal courts inferior to the High Court.

(3) Courts of Judicial and Executive Magistrates outside the Presidency-towns shall be criminal courts inferior to the Court of Session and to the High Court."

[Section 17B(1), Bombay and Punjab; Cf. section 435(1), Explanation; Cf. section 17B Bombay; Cf. section 17B, Punjab]

Section 18

For section 18 of the principal Act, substitute the following section, namely:-

"18. Appointment of Presidency Magistrates.- (1) The High Court shall, from time to time, appoint a sufficient number of persons (hereinafter called Presidency Magistrates) to be Magistrates for each of the Presidency-towns, and shall appoint one of such persons to be Chief Presidency Magistrate for each town.

(2) The powers of a Presidency Magistrate under this Code shall be exercised by the Chief Presidency Magistrate, or by a salaried Presidency Magistrate or by any other Presidency Magistrate empowered by the High Court to sit singly, or by any Bench of Presidency Magistrates.

(3) A Presidency Magistrate may be appointed under this section for such term as the High Court may, by general or special order, direct.

(4) The High Court may appoint any person to be an Additional Chief Presidency Magistrate, and such Additional Chief Presidency Magistrate shall have all or any of the powers of a Chief Presidency Magistrate as the High Court may direct."

[Note.-Section 18(5), Bombay, deals with "appointment" in the sense of recruitment. It has not been adopted]

Section 21

For section 21 of the principal Act, substitute the following section, namely:-

"21. Power of Chief Presidency Magistrate.- (1) Every Chief Presidency Magistrate shall exercise within the local limits of his jurisdiction all the powers-

(a) which are conferred on him by this Code, or

(b) which by any law or rule in force immediately before the first day of July, 1898, are required to be exercised by any Senior or Chief Presidency Magistrate.

[Cf. section 21(1), part]

(2) The Chief Presidency Magistrate, with the previous sanction of the High Court may, from time to time make rules consistent with the Code-

(a) to regulate the conduct and distribution of business and the practice in the courts of Presidency Magistrates.

(b) for the guidance of Benches of such Magistrates respecting the following subjects, namely:-

(i) the classes of cases to be tried;

(ii) the times and places of sitting;

(iii) the constitution of the Benches for conducting trials; and

(iv) the mode of settling differences of opinion which may arise between the Magistrates in session.

[Cf. section 21(1), part] [Cf. section 16]

(3) The High Court may, for the purposes of this Code, declare that Additional Chief Presidency Magistrates are subordinate to the Chief Presidency Magistrate and may define the extent of their subordination.

[Cf. section 21(2), part]

(4) Every Presidency Magistrate appointed under section 18, and all Benches constituted under section 19, shall be subordinate to the Chief Presidency Magistrate and the Chief Presidency Magistrate from time to time, make rules or give special orders consistent with this Code as to the Distribution of business among such Magistrate and benches."

[Contrast section 21(2, part and compare section 17(1)]



Code of Criminal Procedure, 1898 (Sections 1-176) Back




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