Section 11 BNSS: Special Judicial Magistrates
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 11 BNSS at a Glance
Section 11 BNSS deals with special Judicial Magistrates. It replaced Section 13 CrPC on 1 July 2024.
Section 11 BNSS Bare Act Text
(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.
Source: Section 11, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 11 BNSS in Simple Words
Section 11 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with Special Judicial Magistrates. If the Central or State Government requests it, the High Court may confer powers on a person who holds or has held a post under the Government. The powers are all or any of those that the Sanhita confers or can confer on a Judicial Magistrate of the first class or of the second class.
They are for particular cases or classes of cases, in any local area. The proviso says that no such power shall be conferred unless the person has the qualification or experience in legal affairs that the High Court specifies by rules. Such Magistrates are called Special Judicial Magistrates and are appointed for a term not exceeding one year at a time.
The High Court directs the term by a general or special order.
When Section 11 BNSS Applies
- The High Court may act under Section 11(1) BNSS to confer Magisterial powers only when the Central Government or the State Government requests it to do so.
- A person who holds or has held a post under the Government may be given all or any of the powers conferred or conferrable by or under the Sanhita on a Judicial Magistrate of the first class or of the second class.
- Powers conferred under Section 11(1) BNSS apply in respect to particular cases or particular classes of cases in any local area.
- Under the proviso to Section 11(1) BNSS, no such power shall be conferred on a person unless the person possesses the qualification or experience in relation to legal affairs that the High Court specifies by rules.
- Magistrates appointed under Section 11(2) BNSS shall be called Special Judicial Magistrates and shall be appointed as the High Court directs by a general or special order.
Time Limits Under Section 11 BNSS
- A Special Judicial Magistrate under Section 11(2) BNSS shall be appointed for a term not exceeding one year at a time, as the High Court may direct by general or special order.Act text: “shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.”
Example of Section 11 BNSS
When Section 11 BNSS Does Not Apply
- Section 11(1) BNSS does not authorise the High Court to confer powers when neither the Central Government nor the State Government has requested it to do so.
- Powers under Section 11(1) BNSS cannot be conferred upon a person who does not hold and has never held any post under the Government.
- Under the proviso to Section 11(1) BNSS, no power shall be conferred on a person who does not possess the qualification or experience in relation to legal affairs specified by the High Court by rules.
Section 11 BNSS in the CrPC (Previous Law)
Section 11 BNSS replaced Section 13 CrPC from 1 July 2024.
Section 13 of the Code of Criminal Procedure, 1973 became Section 11 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Renumbering the provision and replacing the word Code with Sanhita in Section 11(1) BNSS are changes of form. Section 11(1) BNSS removes the exclusion for a metropolitan area so that powers can be conferred in any local area, and Section 11 BNSS deletes the power in Section 13(3) CrPC to empower a Special Judicial Magistrate to exercise Metropolitan Magistrate powers for an outside metropolitan area. The remaining rules and the proviso are unchanged.
Each sub-section below names its own source.
FAQs on Section 11 BNSS
Who can be appointed as a Special Judicial Magistrate under Section 11 BNSS?▼
Under Section 11(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, powers may be conferred on a person who holds or has held a post under the Government, if the Central or State Government requests the High Court to do so. Under the proviso to Section 11(1) BNSS, no such power shall be conferred unless the person possesses the qualification or experience in relation to legal affairs that the High Court may specify by rules.
What powers can the High Court confer under Section 11 BNSS?▼
Upon a request from the Central or State Government, the High Court may under Section 11(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 confer all or any of the powers conferred or conferrable by or under the Sanhita on a Judicial Magistrate of the first class or of the second class. Those powers may be conferred in respect to particular cases or to particular classes of cases in any local area.
For how long is a Special Judicial Magistrate appointed under Section 11 BNSS?▼
Section 11(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that Magistrates appointed under the provision 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 direct by general or special order.
What changed from Section 13 CrPC to Section 11 BNSS from 1 July 2024?▼
From 1 July 2024, Section 11 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 13 of the Code of Criminal Procedure, 1973. Section 11(1) BNSS reads in any local area, without the words not being a metropolitan area that appeared in Section 13(1) CrPC. Section 11 BNSS has no counterpart to Section 13(3) CrPC, under which the High Court could empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate. Section 11(2) BNSS keeps the text of Section 13(2) CrPC.
Section 11 BNSS: Sub-sections Explained
Section 11(1) BNSS: Special Judicial Magistrates
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Bare Act Text
(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.
Section 11(2) BNSS: Special Judicial Magistrates
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·