CrPC 11→BNSS 9

CrPC 11 to BNSS 9: Courts of Judicial Magistrates

Section 11 CrPC (1973) replaced by Section 9 BNSS (2023)

View CrPC Section 11 →View BNSS Section 9 →

CrPC 11 to BNSS 9 at a Glance

Section 11 CrPC (Courts of Judicial Magistrates) is now Section 9 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 11 to BNSS 9?

From 1 July 2024, Section 11 of the Code of Criminal Procedure, 1973 became Section 9 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Renumbering Section 11 CrPC to Section 9 BNSS, Section 11(2) CrPC to Section 9(2) BNSS, and Section 11(3) CrPC to Section 9(3) BNSS is a change of form. The only change in wording is in Section 9(1) BNSS, which omits the exclusion for a metropolitan area that appeared in Section 11(1) CrPC. The proviso on Special Courts and the rules in Section 9(2) BNSS and Section 9(3) BNSS are unchanged, with no new or merged sub-sections.

CrPC 11 vs BNSS 9: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section119
HeadingCourts of Judicial MagistratesSame
Sub-sections3 sub-sectionsSame

CrPC 11 and BNSS 9: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 11, CrPC 1973

11. Courts of Judicial Magistrates.—(1) In every district (not being a metropolitan area) there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify: Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established. (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.
BNSS 2023 (in force)

Section 9, BNSS 2023

9. Courts of Judicial Magistrates.—(1) In every district there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify: Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established. (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.

When It Applies: CrPC 11 vs BNSS 9

Under CrPC 11
  1. Courts of Judicial Magistrates of the first class and of the second class shall be established in every non-metropolitan district in such numbers and at such places as the State Government may specify by notification after consultation with the High Court under Section 11(1) of the Code of Criminal Procedure, 1973.
  2. Under the proviso to Section 11(1) CrPC, the State Government may, after consultation with the High Court, establish one or more Special Courts of Judicial Magistrates of the first class or of the second class for any local area to try any particular case or particular class of cases.
  3. Where a Special Court of Judicial Magistrate is established for a local area under the proviso to Section 11(1) CrPC, no other Court of Magistrate in that local area shall have jurisdiction to try any case or class of cases for the trial of which that Special Court has been established.
  4. Under Section 11(2) CrPC, the presiding officers of these Courts of Judicial Magistrates shall be appointed by the High Court.
  5. The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State who is functioning as a Judge in a Civil Court under Section 11(3) CrPC.
Under BNSS 9
  1. Courts of Judicial Magistrates of the first class and of the second class shall be established in every district in such numbers and at such places as the State Government may specify by notification after consultation with the High Court under Section 9(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  2. Under the proviso to Section 9(1) BNSS, the State Government may, after consultation with the High Court, establish one or more Special Courts of Judicial Magistrates of the first class or of the second class for any local area to try any particular case or particular class of cases.
  3. Where a Special Court of Judicial Magistrate is established for a local area under the proviso to Section 9(1) BNSS, no other Court of Magistrate in that local area shall have jurisdiction to try any case or class of cases for the trial of which that Special Court has been established.
  4. Under Section 9(2) BNSS, the presiding officers of these Courts of Judicial Magistrates shall be appointed by the High Court.
  5. The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State who is functioning as a Judge in a Civil Court under Section 9(3) BNSS.

What CrPC 11 to BNSS 9 Means in Practice

Under Section 11(1) of the Code of Criminal Procedure, 1973, Courts of Judicial Magistrates of the first class and of the second class were established in every district not being a metropolitan area. Under Section 9(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, such Courts shall be established in every district, without that exception. The text on consultation, notification, Special Courts, appointing presiding officers, and conferring powers on Civil Court Judges is the same.

FAQs: CrPC 11 to BNSS 9

What is the difference between Section 11(1) CrPC and Section 9(1) BNSS?▼

Section 11(1) of the Code of Criminal Procedure, 1973 required the establishment of Courts of Judicial Magistrates of the first class and of the second class in every district not being a metropolitan area. Section 9(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 omits the exclusion for a metropolitan area and applies in every district. Both provisions still state that the State Government may, after consultation with the High Court, specify by notification how many such courts shall be established and at what places.

Did the law on Special Courts of Judicial Magistrates change from Section 11 CrPC to Section 9 BNSS?▼

No, the rule is unchanged. Under both the proviso to Section 11(1) of the Code of Criminal Procedure, 1973 and the proviso to Section 9(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the State Government may, after consultation with the High Court, establish for any local area one or more Special Courts of Judicial Magistrates of the first class or of the second class for a particular case or class of cases, excluding the jurisdiction of other Magistrates in that local area.

Did the powers of the High Court under Section 11(2) CrPC and Section 11(3) CrPC change in Section 9(2) BNSS and Section 9(3) BNSS?▼

No, renumbering from the Code of Criminal Procedure, 1973 to the Bharatiya Nagarik Suraksha Sanhita, 2023 is a change of form and the rules are unchanged. Under Section 11(2) CrPC and Section 9(2) BNSS, the High Court shall appoint the presiding officers of such Courts. Under Section 11(3) CrPC and Section 9(3) BNSS, the High Court may, whenever it appears to it to be expedient or necessary, confer magisterial powers on a State Judicial Service member functioning as a Judge in a Civil Court.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·