Section 9 BNSS: Courts of Judicial Magistrates

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 9 BNSS at a Glance

Section 9 BNSS deals with courts of Judicial Magistrates. It replaced Section 11 CrPC on 1 July 2024.

Was CrPC

Section 11 →

Section 9 BNSS Bare Act Text

(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.

Source: Section 9, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 9 BNSS in Simple Words

Section 9 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with Courts of Judicial Magistrates. In every district, Courts of Judicial Magistrates of the first class and of the second class shall be established in the number and at the places the State Government specifies by notification, after consultation with the High Court.

The State Government may also establish Special Courts of Judicial Magistrates for a local area to try particular cases or classes of cases, and no other Court of Magistrate in that local area then has jurisdiction to try those cases. The High Court appoints the presiding officers, and may confer the powers of a Judicial Magistrate on a member of the Judicial Service of the State functioning as a Judge in a Civil Court.

When Section 9 BNSS Applies

  • 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.
  • 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.
  • 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.
  • Under Section 9(2) BNSS, the presiding officers of these Courts of Judicial Magistrates shall be appointed by the High Court.
  • 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.

Example of Section 9 BNSS

In a district, the State Government, after consultation with the High Court, establishes one Special Court of Judicial Magistrates of the first class for a local area under the proviso to Section 9(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to try a particular class of cases. Under Section 9(2) BNSS, the High Court appoints Kavita as the presiding officer of that Special Court. When a case involving Arjun that belongs to that particular class of cases arises in the local area, no other Court of Magistrate in the local area shall have jurisdiction to try the case.

When Section 9 BNSS Does Not Apply

  • The State Government cannot specify by notification the number or places of Courts of Judicial Magistrates, or establish a Special Court for a local area under Section 9(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, without consultation with the High Court.
  • Conferral of the powers of a Judicial Magistrate of the first class or of the second class under Section 9(3) BNSS does not apply to a person who is not a member of the Judicial Service of the State functioning as a Judge in a Civil Court.

Section 9 BNSS in the CrPC (Previous Law)

Section 9 BNSS replaced Section 11 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 9 BNSS

How are Courts of Judicial Magistrates established and staffed in a district under Section 9 BNSS?▼

Under Section 9(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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, specify by notification. While the State Government notifies the number and places of these courts after consulting the High Court, Section 9(2) BNSS provides that the presiding officers of such Courts shall be appointed by the High Court.

What happens when a Special Court of a Judicial Magistrate is established for a local area under Section 9 BNSS?▼

A proviso to Section 9(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows the State Government, after consultation with the High Court, to 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. Where any such Special Court is established under Section 9(1) BNSS, no other Court of Magistrate in the local area shall have jurisdiction to try those cases.

Under what conditions can the High Court confer Judicial Magistrate powers on a Civil Court Judge under Section 9 BNSS?▼

Section 9(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the High Court to confer the powers of a Judicial Magistrate of the first class or of the second class whenever it appears to the High Court to be expedient or necessary. Under Section 9(3) BNSS, these powers may be conferred only on a member of the Judicial Service of the State who is functioning as a Judge in a Civil Court.

What changed from Section 11 CrPC to Section 9 BNSS from 1 July 2024?▼

From 1 July 2024, Section 9 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 11 of the Code of Criminal Procedure, 1973. Section 9(1) BNSS reads in every district, without the words not being a metropolitan area that appeared in Section 11(1) CrPC. The proviso on Special Courts, Section 9(2) BNSS and Section 9(3) BNSS keep the text of the matching CrPC provisions.

Section 9 BNSS: Sub-sections Explained

Section 9(1) BNSS: Courts of Judicial Magistrates

▶

Bare Act Text

(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.

Previous Law

CrPC 11 → Section 9(1) BNSS

Section 9(2) BNSS: Courts of Judicial Magistrates

▶

Bare Act Text

(2) The presiding officers of such Courts shall be appointed by the High Court.

Previous Law

CrPC 11(2) → Section 9(2) BNSS

Section 9(3) BNSS: Courts of Judicial Magistrates

▶

Bare Act Text

(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.

Previous Law

CrPC 11(3) → Section 9(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·