Report No. 32
Appendix 4
Amendments to Sections 9 to 12 and 17-Code of Criminal Procedure, 1898 Made by Punjab Act 25 of 1964
"4. In section 9-
(i) in sub-section (1), after the words "sessions division, and", the words "in consultation with the High Court" shall be inserted;
(ii) in sub-section (2), after the words "State Government", the words "in consultation with the High Court" shall be inserted;
(iii) in sub-section (3), after the words "may also", the words "in consultation with the High Court" shall be inserted; and
(iv) in sub-section (4), alter the words "State Government", occurring twice, the words "in consultation with the High Court" shall be inserted.
5. In section 10-
(i) in sub-section (1), for the words "a Magistrate" the words "an Executive Magistrate" shall be substituted; and after that sub-section as so amended, the following sub-section shall be inserted namely:-
"(1A) In every district the High Court shall invest a Judicial Magistrate of the first class with the powers or a Chief Judicial Magistrate under this Code or any other law for the time being in force.";
(ii) in sub-section (2), for the words "any Magistrate of the first class to be an Additional District Magistrate", the words "any Executive Magistrate of the first class to be an Additional District Magistrate shall be substituted; and
(iii) the marginal heading shall be substituted, namely:-
"District Magistrate and Chief Judicial Magistrate".
6. For section 12, the following shall be substituted, namely:-
"12. Executive and Judicial Magistrates.-(1) The State Government may appoint such persons as it thinks fit besides the District Magistrates, to be Executive Magistrates of the first or second class in any district, 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 they may respectively be invested under this Code.
(2) The High Court may confer on any person who is a member of the Punjab Civil Service Judicial Branch) the powers of any class of a Judicial Magistrate in any district; and the High, Court or the Chief Judicial Magistrate, subject to the control of the High Court, may, from time to time, define 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 Punjab Separation of Judicial and Executive Functions Act, 1964 as it may think fit, appoint as many persons, who are members of the Punjab Civil Service (Executive Branch), as may be considered necessary to be Judicial Magistrates in any district; 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
(5) The power of appointment of Judicial Magistrates under sub-sections (2) and (3) shall, on the issue of a public notification under Article 237 of the Constitution of India, be exercised subject to the terms of the said notification.",
11. For section 17, the following section shall be substituted, namely:-
"17. Subordination of Assistant Sessions Judges, Judicial Magistrates and Benches to Sessions judge and Chief Judicial Magistrate.-(1) All Judicial Magistrates appointed under sub-sections (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 he 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.
(2) All Chief Judicial Magistrates shall be subordinate to the Sessions Judge.
(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, by the Chief Judicial Magistrate, and such Judge or Magistrate shall have jurisdiction to deal with any such application.".
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