CrPC 12→BNSS 10

CrPC 12 to BNSS 10: Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

Section 12 CrPC (1973) replaced by Section 10 BNSS (2023)

View CrPC Section 12 →View BNSS Section 10 →

CrPC 12 to BNSS 10 at a Glance

Section 12 CrPC (Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc) is now Section 10 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 12 to BNSS 10?

Section 12 of the Code of Criminal Procedure, 1973 became Section 10 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 10(1) BNSS reads in every district, without the words not being a metropolitan area in Section 12(1) CrPC, so the High Court shall appoint a Chief Judicial Magistrate in every district. Section 10(2) BNSS refers to the Sanhita in place of the Code, and Section 12(3)(a) CrPC and Section 12(3)(b) CrPC appear as Section 10(3) BNSS and Section 10(4) BNSS with the same text.

CrPC 12 vs BNSS 10: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section1210
HeadingChief Judicial Magistrate and Additional Chief Judicial Magistrate, etcSame
Sub-sections3 sub-sections4 sub-sections

CrPC 12 and BNSS 10: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 12, CrPC 1973

12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.—(1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate. (2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct. (3) (a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires. (b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.
BNSS 2023 (in force)

Section 10, BNSS 2023

10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.—(1) In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate. (2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time being in force as the High Court may direct. (3) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires. (4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.

When It Applies: CrPC 12 vs BNSS 10

Under CrPC 12
  1. In every district outside a metropolitan area, the High Court shall appoint a first class Judicial Magistrate to serve as the Chief Judicial Magistrate under Section 12(1) of the Code of Criminal Procedure, 1973.
  2. The High Court may appoint any first class Judicial Magistrate as an Additional Chief Judicial Magistrate, who shall exercise all or any of the powers of a Chief Judicial Magistrate under the Code or any other law in force as directed by the High Court under Section 12(2) CrPC.
  3. In any sub-division, the High Court may designate any first class Judicial Magistrate as the Sub-divisional Judicial Magistrate and may relieve that Magistrate of the responsibilities under Section 12 CrPC as occasion requires.
  4. Every Sub-divisional Judicial Magistrate shall exercise such supervisory and control powers over the work of the Judicial Magistrates in the sub-division, other than Additional Chief Judicial Magistrates, as the High Court specifies by general or special order, subject to the general control of the Chief Judicial Magistrate under Section 12(3)(b) CrPC.
Under BNSS 10
  1. In every district, the High Court shall appoint a first class Judicial Magistrate to serve as the Chief Judicial Magistrate under Section 10(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  2. The High Court may appoint any first class Judicial Magistrate as an Additional Chief Judicial Magistrate, who shall exercise all or any of the powers of a Chief Judicial Magistrate under the Sanhita or any other law in force as directed by the High Court under Section 10(2) BNSS.
  3. In any sub-division, the High Court may designate any first class Judicial Magistrate as the Sub-divisional Judicial Magistrate and may relieve that Magistrate of the responsibilities under Section 10 BNSS as occasion requires.
  4. Every Sub-divisional Judicial Magistrate shall exercise such supervisory and control powers over the work of the Judicial Magistrates in the sub-division, other than Additional Chief Judicial Magistrates, as the High Court specifies by general or special order, subject to the general control of the Chief Judicial Magistrate under Section 10(4) BNSS.

What CrPC 12 to BNSS 10 Means in Practice

From 1 July 2024, the duty of the High Court under Section 10(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to appoint a first class Judicial Magistrate as the Chief Judicial Magistrate applies in every district, without the metropolitan area exclusion that stood in Section 12(1) of the Code of Criminal Procedure, 1973. The rules for appointing Additional Chief Judicial Magistrates and designating or empowering Sub-divisional Judicial Magistrates remain unchanged under Section 10(2), Section 10(3), and Section 10(4) BNSS.

FAQs: CrPC 12 to BNSS 10

How did the rule for appointing a Chief Judicial Magistrate change from Section 12(1) CrPC to Section 10(1) BNSS?▼

Section 12(1) of the Code of Criminal Procedure, 1973 required the High Court to appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate in every district not being a metropolitan area. From 1 July 2024, Section 10(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 omits the words excluding a metropolitan area and states that in every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.

Did the powers of an Additional Chief Judicial Magistrate change between Section 12(2) CrPC and Section 10(2) BNSS?▼

No, the substantive rule is unchanged. Both Section 12(2) of the Code of Criminal Procedure, 1973 and Section 10(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allow the High Court to appoint any Judicial Magistrate of the first class as an Additional Chief Judicial Magistrate with all or any of the powers of a Chief Judicial Magistrate as the High Court may direct. The only difference is a change of form replacing the word Code with Sanhita.

How did the provisions on Sub-divisional Judicial Magistrates in Section 12(3) CrPC move to Section 10 BNSS?▼

The restructuring is a change of form. In Section 12 of the Code of Criminal Procedure, 1973, the rules on designating and empowering a Sub-divisional Judicial Magistrate were placed in Section 12(3)(a) CrPC and Section 12(3)(b) CrPC. From 1 July 2024, Section 10 of the Bharatiya Nagarik Suraksha Sanhita, 2023 renumbers Section 12(3)(a) CrPC as Section 10(3) BNSS and Section 12(3)(b) CrPC as Section 10(4) BNSS, while keeping the rules unchanged.

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: 21 Oct 2026 ·