Section 12 BNSS: Local Jurisdiction of Judicial Magistrates

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 12 BNSS at a Glance

Section 12 BNSS deals with local Jurisdiction of Judicial Magistrates. It replaced Section 14 CrPC on 1 July 2024.

Was CrPC

Section 14 →

Section 12 BNSS Bare Act Text

(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which they may respectively be invested under this Sanhita:

Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

(3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an area beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district.

Source: Section 12, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 12 BNSS in Simple Words

Section 12 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the local jurisdiction of Judicial Magistrates. Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits within which Magistrates appointed under Section 9 BNSS or Section 11 BNSS may exercise their powers.

A Court of Special Judicial Magistrate may sit at any place within the local area for which it is established. Except as the definition provides otherwise, the jurisdiction and powers of every such Magistrate extend throughout the district.

Where the local jurisdiction of a Magistrate reaches beyond the district in which the Magistrate ordinarily holds Court, references in the Sanhita to the Court of Session or Chief Judicial Magistrate are read, unless the context otherwise requires, as references to those of that district.

When Section 12 BNSS Applies

  • Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which Magistrates appointed under Section 9 or Section 11 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may exercise all or any of the powers with which they are invested.
  • Under the proviso to Section 12(1) BNSS, the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.
  • Under Section 12(2) BNSS, except as otherwise provided by the definition made under Section 12(1) BNSS, the jurisdiction and powers of every Magistrate appointed under Section 9 BNSS or Section 11 BNSS shall extend throughout the district.
  • When the local jurisdiction of a Magistrate appointed under Section 9 BNSS or Section 11 BNSS extends to an area beyond the district in which the Magistrate ordinarily holds Court, references in the Sanhita to the Court of Session or Chief Judicial Magistrate shall, throughout that local jurisdiction and unless the context otherwise requires, be construed as references to the Court of Session or Chief Judicial Magistrate exercising jurisdiction in relation to that district.

Example of Section 12 BNSS

Arjun is appointed as a Magistrate under Section 9 of the Bharatiya Nagarik Suraksha Sanhita, 2023. No local limits have been defined for Arjun, so under Section 12(2) BNSS the jurisdiction and powers of Arjun extend throughout the district. Later, subject to the control of the High Court, the Chief Judicial Magistrate defines local limits for Arjun under Section 12(1) BNSS, and Arjun then exercises those powers within those limits. Separately, Priya is appointed under Section 11 BNSS with local jurisdiction extending beyond the district in which Priya ordinarily holds Court. Under Section 12(3) BNSS, unless the context otherwise requires, a reference in the Sanhita to the Court of Session is read, throughout that local jurisdiction, as a reference to the Court of Session of the district in which Priya ordinarily holds Court.

When Section 12 BNSS Does Not Apply

  • The power of the Chief Judicial Magistrate to define local limits under Section 12(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where the officer is not a Magistrate appointed under Section 9 or under Section 11 BNSS.
  • District-wide extension of jurisdiction and powers under Section 12(2) BNSS does not apply to the extent that a definition made by the Chief Judicial Magistrate under Section 12(1) BNSS provides otherwise.
  • The rule in Section 12(3) BNSS for construing references to the Court of Session or Chief Judicial Magistrate does not apply when the local jurisdiction of a Magistrate appointed under Section 9 BNSS or Section 11 BNSS does not extend to an area beyond the district in which the Magistrate ordinarily holds Court.
  • The construction of references to the Court of Session or Chief Judicial Magistrate under Section 12(3) BNSS does not apply where the context in the Sanhita otherwise requires.

Section 12 BNSS in the CrPC (Previous Law)

Section 12 BNSS replaced Section 14 CrPC from 1 July 2024.

Section 14 of the Code of Criminal Procedure, 1973 became Section 12 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The power of the Chief Judicial Magistrate to define local limits subject to the control of the High Court, the proviso on sittings of the Court of Special Judicial Magistrate, and the district-wide jurisdiction in Section 12(2) BNSS keep the CrPC text. Section 12 BNSS refers to Section 9 BNSS and Section 11 BNSS in place of Section 11 CrPC and Section 13 CrPC, and to the Sanhita in place of the Code. Section 12(3) BNSS does not mention Section 18 CrPC, the metropolitan area or the Chief Metropolitan Magistrate.

Each sub-section below names its own source.

FAQs on Section 12 BNSS

Who has the power to define the local limits of Judicial Magistrates under Section 12 BNSS?▼

Under Section 12(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Chief Judicial Magistrate may from time to time define the local limits of the areas within which Magistrates appointed under Section 9 BNSS or Section 11 BNSS may exercise all or any of the powers with which they may respectively be invested under the Sanhita. The Chief Judicial Magistrate exercises this power subject to the control of the High Court.

Where may a Court of Special Judicial Magistrate sit, and how far does the jurisdiction of a Magistrate extend under Section 12 BNSS?▼

Under the proviso to Section 12(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established. Under Section 12(2) BNSS, except as otherwise provided by the definition of the Chief Judicial Magistrate, the jurisdiction and powers of every Magistrate appointed under Section 9 BNSS or Section 11 BNSS shall extend throughout the district.

How are references to the Court of Session or Chief Judicial Magistrate construed under Section 12(3) BNSS when local jurisdiction extends beyond a district?▼

Where the local jurisdiction of a Magistrate appointed under Section 9 or Section 11 of the Bharatiya Nagarik Suraksha Sanhita, 2023 extends to an area beyond the district in which the Magistrate ordinarily holds Court, Section 12(3) BNSS applies. Unless the context otherwise requires, any reference in the Sanhita to the Court of Session or Chief Judicial Magistrate shall throughout that local jurisdiction mean the court exercising jurisdiction in relation to the said district.

What changed from Section 14 CrPC to Section 12 BNSS from 1 July 2024?▼

From 1 July 2024, Section 12 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 14 of the Code of Criminal Procedure, 1973. Section 12 BNSS refers to Magistrates appointed under Section 9 BNSS or Section 11 BNSS in place of Section 11 CrPC or Section 13 CrPC, and to the Sanhita in place of the Code. Section 12(3) BNSS does not mention Magistrates appointed under Section 18 CrPC, the metropolitan area or the Chief Metropolitan Magistrate. The power to define local limits, the proviso on sittings and the district-wide jurisdiction in Section 12(2) BNSS keep the CrPC text.

Section 12 BNSS: Sub-sections Explained

Section 12(1) BNSS: Local jurisdiction of Judicial Magistrates

▶

Bare Act Text

(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which they may respectively be invested under this Sanhita:

Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.

Previous Law

CrPC 14 → Section 12(1) BNSS

Section 12(2) BNSS: Local jurisdiction of Judicial Magistrates

▶

Bare Act Text

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

Previous Law

CrPC 14(2) → Section 12(2) BNSS

Section 12(3) BNSS: Local jurisdiction of Judicial Magistrates

▶

Bare Act Text

(3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an area beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district.

Previous Law

CrPC 14(3) → Section 12(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·