Section 12 of CrPC : Section 12: Chief Judicial Magistrate And Additional Chief Judicial Magistrate, Etc

Explanation using Example

Imagine a scenario where there is a district in a non-metropolitan area of India that requires the appointment of a new Chief Judicial Magistrate (CJM). According to Section 12(1) of The Code of Criminal Procedure, 1973, the High Court is responsible for appointing a Judicial Magistrate of the first class to this position. Once appointed, the CJM would handle various judicial matters within the district, including overseeing the functioning of other magistrates.

For instance, if there is an increase in workload or a special project, the High Court might use Section 12(2) to appoint an Additional Chief Judicial Magistrate with specific powers to assist the Chief Judicial Magistrate.

Further, under Section 12(3), suppose there is a subdivision within the district that requires special attention. In that case, the High Court can designate a Judicial Magistrate of the first class as the Sub-divisional Judicial Magistrate to manage judicial work in that subdivision, under the guidance of the CJM.

In a situation where the CJM is temporarily unable to perform his duties due to illness or absence, as per the State Amendment by Uttar Pradesh, Section 12(4) ensures that there is a clear line of succession. The most senior Additional Chief Judicial Magistrate or, in their absence, the most senior Judicial Magistrate available would take over the urgent duties of the CJM to ensure that the judiciary functions smoothly without interruption.