Section 11 CrPC: Courts of Judicial Magistrates

Code of Criminal Procedure, 1973

Section 11 CrPC at a Glance

Section 11 CrPC deals with courts of Judicial Magistrates. From 1 July 2024 it is replaced by Section 9 BNSS.

Now BNSS

What Section 11 CrPC Says

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.

Source: Section 11, Code of Criminal Procedure, 1973

Section 11 CrPC in Simple Words

Section 11 of the Code of Criminal Procedure, 1973 deals with Courts of Judicial Magistrates. In every district that is not a metropolitan area, 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 11 CrPC Applies

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.
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.
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.
Under Section 11(2) CrPC, 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 11(3) CrPC.

Example of Section 11 CrPC

In a district that is not a metropolitan area, 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 11(1) of the Code of Criminal Procedure, 1973 to try a particular class of cases. Under Section 11(2) CrPC, the High Court appoints Meera as the presiding officer of that Special Court. When a case involving Rajesh 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 11 CrPC Does Not Apply

Establishment of Courts of Judicial Magistrates of the first class and of the second class under Section 11(1) of the Code of Criminal Procedure, 1973 does not apply to a metropolitan area, because the provision operates only in a district not being a metropolitan area.
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 11(1) CrPC, 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 11(3) CrPC 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 11 CrPC Under BNSS 9: What Changed

Section 11 CrPC is now covered under Section 9 BNSS.

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.

View detailed comparison (CrPC 11 vs BNSS 9) →

FAQs on Section 11 CrPC

Who establishes Courts of Judicial Magistrates and who appoints their presiding officers under Section 11 CrPC?▼

Under Section 11(1) of the Code of Criminal Procedure, 1973, in every district not being a metropolitan area, Courts of Judicial Magistrates of the first class and of the second class shall be established in such numbers and at such places as the State Government may, after consultation with the High Court, specify by notification. Under Section 11(2) CrPC, their presiding officers shall be appointed by the High Court.

When can a Special Court of a Judicial Magistrate be established under Section 11 CrPC, and how does it affect other Magistrates in that local area?▼

A proviso to Section 11(1) of the Code of Criminal Procedure, 1973 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 such a Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try those cases.

Can a Judge in a Civil Court be given the powers of a Judicial Magistrate under Section 11 CrPC?▼

Yes, Section 11(3) of the Code of Criminal Procedure, 1973 gives this power to the High Court. Whenever it appears to the High Court to be expedient or necessary, it may 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.

Where is Section 11 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 11 CrPC is found in Section 9 BNSS. Section 11(1) CrPC, with its proviso on Special Courts, maps to Section 9(1) BNSS, Section 11(2) CrPC maps to Section 9(2) BNSS, and Section 11(3) CrPC maps to Section 9(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·