Section 12 CrPC: Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

Code of Criminal Procedure, 1973

Section 12 CrPC at a Glance

Section 12 CrPC deals with chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. From 1 July 2024 it is replaced by Section 10 BNSS.

Now BNSS

Section 10 →

What Section 12 CrPC Says

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.

Source: Section 12, Code of Criminal Procedure, 1973

Section 12 CrPC in Simple Words

Section 12 of the Code of Criminal Procedure, 1973 deals with the Chief Judicial Magistrate, Additional Chief Judicial Magistrates and Sub-divisional Judicial Magistrates. In every district that is not a metropolitan area, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.

The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, with such powers of a Chief Judicial Magistrate as it directs. The High Court may also designate a Judicial Magistrate of the first class in a sub-division as the Sub-divisional Judicial Magistrate, who has the powers of supervision and control over the work of the Judicial Magistrates there that the High Court specifies, subject to the general control of the Chief Judicial Magistrate.

When Section 12 CrPC Applies

  • 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.
  • 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.
  • 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.
  • 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.

Example of Section 12 CrPC

In a district that is not a metropolitan area, the High Court appoints Meera, a Judicial Magistrate of the first class, as the Chief Judicial Magistrate under Section 12(1) of the Code of Criminal Procedure, 1973. Under Section 12(2) CrPC, the High Court appoints Rajesh, also a Judicial Magistrate of the first class, as an Additional Chief Judicial Magistrate and directs which powers of a Chief Judicial Magistrate Rajesh shall have. In a sub-division, the High Court designates Vikram as the Sub-divisional Judicial Magistrate under Section 12(3)(a) CrPC and specifies the powers of supervision and control by special order under Section 12(3)(b) CrPC. Subject to the general control of Meera, Vikram supervises the work of the Judicial Magistrates in the sub-division, but not the work of Rajesh.

When Section 12 CrPC Does Not Apply

  • Section 12(1) of the Code of Criminal Procedure, 1973 does not apply to a metropolitan area when requiring the High Court to appoint a Chief Judicial Magistrate in every district.
  • A Magistrate who is not a Judicial Magistrate of the first class cannot be appointed as Chief Judicial Magistrate or Additional Chief Judicial Magistrate, or designated as Sub-divisional Judicial Magistrate, under Section 12 CrPC.
  • The powers of supervision and control of a Sub-divisional Judicial Magistrate over Judicial Magistrates in a sub-division under Section 12(3)(b) CrPC do not extend to Additional Chief Judicial Magistrates.

Section 12 CrPC Under BNSS 10: What Changed

Section 12 CrPC is now covered under Section 10 BNSS.

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.

View detailed comparison (CrPC 12 vs BNSS 10) →

FAQs on Section 12 CrPC

Who could be appointed as Chief Judicial Magistrate or Additional Chief Judicial Magistrate under Section 12 CrPC?▼

Under Section 12 of the Code of Criminal Procedure, 1973, only a Judicial Magistrate of the first class is appointed. Under Section 12(1) CrPC, in every district that is not a metropolitan area, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate. Under Section 12(2) CrPC, the High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate.

What powers does an Additional Chief Judicial Magistrate have under Section 12(2) CrPC?▼

Under Section 12(2) of the Code of Criminal Procedure, 1973, an Additional Chief Judicial Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under the Code or under any other law for the time being in force, as the High Court may direct.

How is a Sub-divisional Judicial Magistrate designated, and what powers does that Magistrate have, under Section 12(3) CrPC?▼

Under Section 12(3)(a) of the Code of Criminal Procedure, 1973, the High Court may designate any Judicial Magistrate of the first class in a sub-division as the Sub-divisional Judicial Magistrate, and may relieve that Magistrate of the responsibilities in Section 12 CrPC as occasion requires. Under Section 12(3)(b) CrPC, subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall have such powers of supervision and control over the work of the Judicial Magistrates in the sub-division, other than Additional Chief Judicial Magistrates, as the High Court may specify by general or special order.

Where is the provision corresponding to Section 12 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provisions of Section 12 CrPC are found in Section 10 BNSS. Specifically, Section 12(1) CrPC corresponds to Section 10(1) BNSS, Section 12(2) CrPC corresponds to Section 10(2) BNSS, Section 12(3)(a) CrPC corresponds to Section 10(3) BNSS, and Section 12(3)(b) CrPC corresponds to Section 10(4) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·