Section 11 BNSS: Special Judicial Magistrates (Formerly Section 13 CrPC)

Section 11 of Bharatiya Nagarik Suraksha Sanhita, 2023: Special Judicial Magistrates

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Legal Commentary & Landmark Judgments: Section 11

Section 11 empowers the High Court, upon request of the Central or State Government, to confer upon any person who holds or has held any post under Government, the powers of a Special Judicial Magistrate for particular cases.

Government Request: Requisition by Central or State Government indicating necessity for special adjudication.
High Court Conferment: Powers conferred exclusively by the High Court on persons possessing requisite legal qualifications.
Statutory Tenure Limit: Appointment cannot exceed one year at a time; powers limited to specified local areas or specific categories of cases.

Key Landmark Precedents:

State of U.P. v. Batuk Deo Pati Tripathi (1978) 2 SCC 102: The Supreme Court settled that the High Court alone is the judge of suitability and fitness for conferring judicial powers under special magistrate provisions.
Babu v. State of Kerala (2010) 9 SCC 189: Clarified that Special Judicial Magistrates must observe all standard procedural trial safeguards of the BNSS.

Courtroom Practice & Strategic Litigation Guidance:

Check whether the Special Judicial Magistrate's tenure has expired. If the one-year gazette period lapsed without formal High Court extension, all subsequent cognizance and trial orders are void.