Section 10 of BNSS: The Complete Guide to Chief Judicial Magistrate & Additional Chief Judicial Magistrate Powers, Provisions & Recent Case Laws
Intro
Section 10 of BNSS: The Complete Guide to Chief Judicial Magistrate & Additional Chief Judicial Magistrate Powers, Provisions & Recent Case Laws
Introduction: Understanding the Backbone of District Judiciary
When we talk about criminal justice in India, we often hear about High Courts and the Supreme Court. But the real workhorse of our criminal justice system happens at the district level, where thousands of cases are handled every single day. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into effect on July 1, 2024, replacing the colonial-era Code of Criminal Procedure, 1973. Among its many provisions, Section 10 of BNSS stands out as a critical pillar that establishes the leadership structure of magistrate courts at the district level.
Think of Section 10 as the rulebook that defines who calls the shots in district magistrate courts. It establishes the Chief Judicial Magistrate (CJM) as the top judicial officer in every district and provides for Additional Chief Judicial Magistrates (ACJM) to assist in the heavy lifting. Without this provision, there would be chaos in how magistrate courts function, how cases are distributed, and who supervises whom.
In this comprehensive guide, we will break down every aspect of Section 10 of BNSS in simple, human language. We will explore the exact text of the provision, understand what each clause means, examine how it differs from the old CrPC, and dive deep into recent case laws that have shaped how courts interpret this section today. Whether you are a law student, a practicing advocate, or simply someone interested in understanding how India's criminal courts work, this article will give you everything you need to know about Section 10 BNSS.
The Exact Text of Section 10 BNSS: Reading the Law Word for Word
Before we dive into analysis, let us look at what Section 10 actually says. The exact provision reads as follows:
Section 10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.(1) In every district, 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 Sanhita or under any other law for the time being in force as the High Court may direct.(3) 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.(4) 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.
This is the complete text of Section 10 BNSS, and every word here carries significant meaning. Let us unpack each clause carefully.
Breaking Down Section 10(1): The Chief Judicial Magistrate – Who, What, and How
The Mandatory Appointment
The opening words of Section 10(1) are clear and commanding: "In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate." The use of "shall" makes this appointment mandatory, not optional. There must be a Chief Judicial Magistrate in every district of India.
This is a significant provision because it ensures that no district is left without a supervisory head for its magistrate courts. The Chief Judicial Magistrate is not just another magistrate with a fancy title. This officer becomes the administrative and judicial head of all magistrate courts in that district.
Who Can Become a Chief Judicial Magistrate?
The law specifies that only a Judicial Magistrate of the first class can be appointed as Chief Judicial Magistrate. This means the person must already be serving as a first-class magistrate, which requires certain qualifications and experience. The High Court makes this appointment, which ensures that the selection comes from the highest judicial authority in the state, maintaining independence from executive interference.
The appointment process emphasizes experience and merit. The High Court looks at the track record of judicial officers, their administrative capabilities, and their judicial acumen before elevating them to this pivotal position.
Where Does the Chief Judicial Magistrate Sit?
An important point to note is that the Chief Judicial Magistrate is appointed for every district, but not for metropolitan areas. In metropolitan areas like Delhi, Mumbai, Chennai, and Kolkata, a different system operates with Metropolitan Magistrates and Chief Metropolitan Magistrates under separate provisions. This distinction is crucial because it reflects the different administrative needs of big cities versus regular districts.
Understanding Section 10(2): The Additional Chief Judicial Magistrate – Powers with a Caveat
The Discretionary Appointment
While Section 10(1) mandates a Chief Judicial Magistrate, Section 10(2) uses the word "may" – "The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate." This makes the appointment of Additional Chief Judicial Magistrates optional and need-based.
In districts with heavy caseloads, multiple Additional Chief Judicial Magistrates may be appointed. In smaller districts with fewer cases, there may be none. This flexibility allows the judiciary to allocate resources efficiently based on actual workload.
The Critical Phrase: "All or Any of the Powers"
Here is where Section 10(2) gets really interesting and has generated significant judicial debate. The provision states that an Additional Chief Judicial Magistrate "shall have all or any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time being in force as the High Court may direct."
Notice the carefully chosen words: "all or any" and "as the High Court may direct." This is not accidental. The legislature deliberately gave the High Court discretion to decide exactly how much power each Additional Chief Judicial Magistrate gets. The High Court could confer:
- All powers – making the ACJM virtually equal to the CJM in all respects
- Any powers – giving specific, limited powers for specific purposes
This distinction between "all" and "any" has become the subject of important case law, which we will examine shortly.
Section 10(3): The Sub-Divisional Judicial Magistrate – Local Supervision
Many districts in India are divided into sub-divisions for better administration. Section 10(3) recognizes this reality by allowing the High Court to designate any Judicial Magistrate of the first class in a sub-division as the Sub-divisional Judicial Magistrate (SDJM).
The High Court can also "relieve him of the responsibilities specified in this section as occasion requires." This means the designation is flexible – the SDJM role can be given or taken away based on administrative needs.
The Sub-divisional Judicial Magistrate plays a crucial role in ensuring that magistrate courts in far-flung areas of a district do not operate in isolation. This officer provides local supervision and ensures that the standards set by the Chief Judicial Magistrate are maintained throughout the sub-division.
Section 10(4): The Scope of Sub-Divisional Judicial Magistrate's Control
This clause is particularly important for understanding the hierarchy within the district judiciary. Section 10(4) states that every Sub-divisional Judicial Magistrate shall have powers of supervision and control over the work of Judicial Magistrates in the sub-division, but with three important limitations:
- First, this power is "subject to the general control of the Chief Judicial Magistrate." The CJM remains the overall boss.
- Second, the SDJM's supervision does not extend to Additional Chief Judicial Magistrates. They are excluded from the SDJM's oversight.
- Third, the exact nature of the SDJM's supervisory powers is determined by the High Court through general or special orders.
This layered structure ensures that while local supervision exists, it does not create confusion or conflict with the broader authority of the Chief Judicial Magistrate.
How Section 10 BNSS Differs from Section 12 CrPC: The Old vs. The New
For decades, Section 12 of the Code of Criminal Procedure, 1973 governed the appointment of Chief Judicial Magistrates and Additional Chief Judicial Magistrates. Section 10 of BNSS is pari materia (on the same subject) with Section 12 CrPC, but there are important differences worth understanding.
Under Section 12 CrPC, the structure was similar but the language was slightly different. The old law also provided for Chief Judicial Magistrates and Additional Chief Judicial Magistrates, but the new BNSS provision has been streamlined and modernized.
One key difference is that BNSS removes the reference to "metropolitan areas" from Section 10 entirely, placing the metropolitan magistrate system in separate provisions. This makes Section 10 cleaner and focused solely on the district-level magistrate structure.
Another important change is in how the provisions interact with other sections of the respective codes. Section 13 of BNSS (dealing with subordination of judicial magistrates) and Section 450 of BNSS (dealing with withdrawal of cases by judicial magistrates) now work in conjunction with Section 10 to create a more coherent framework for judicial administration.
The Judicial Powers vs. Administrative Powers Debate: What Courts Have Said
One of the most contested issues surrounding Section 10 and its related provisions is the distinction between judicial powers and administrative powers. This debate has profound practical implications for how magistrate courts function.
The Core Question: Can an Additional Chief Judicial Magistrate Do Everything a Chief Judicial Magistrate Can Do?
The answer, according to courts, is yes and no – depending on what kind of power we are talking about.
When it comes to judicial powers – the power to hear cases, pass orders, grant bail, issue warrants, and make decisions in criminal matters – the Additional Chief Judicial Magistrate is at par with the Chief Judicial Magistrate. This principle has been firmly established through case law.
However, when it comes to administrative powers – the power to distribute work among magistrates, transfer cases from one court to another for administrative convenience, and supervise the functioning of subordinate courts – the Additional Chief Judicial Magistrate does not automatically have the same authority.
Recent Case Laws on Section 10 BNSS: How Courts Are Interpreting the Provision
Sudesh Chhikara vs. State (Govt. of NCT of Delhi) & Anr. – Delhi High Court, March 17, 2025
This is arguably the most significant recent judgment on Section 10 of BNSS. Decided by Justice Dinesh Kumar Sharma of the Delhi High Court, this case has clarified several important aspects of how Section 10 operates in practice.
The case arose from a situation where questions were raised about the powers of transfer of cases by Chief Judicial Magistrates and Additional Chief Judicial Magistrates. The petitioner challenged orders that had been passed transferring cases between different magistrate courts.
Key Holdings from this Judgment:
- The Delhi High Court conducted a detailed comparison between Section 12 CrPC and Section 10 BNSS, noting that the provisions are pari materia and the principles developed under CrPC continue to apply under BNSS.
- The Court emphasized that Section 10(2) BNSS specifically uses the words "all or any of the powers" and "as the High Court may direct." This means the High Court must pass a specific administrative order conferring powers on the Additional Chief Judicial Magistrate. Without such an order, the ACJM does not automatically get all administrative powers of the CJM.
- The Court referred to Section 13(2) of BNSS, which explicitly states that only the Chief Judicial Magistrate has the power to make rules or give special orders regarding distribution of business among subordinate magistrates. This power is not given to the Additional Chief Judicial Magistrate.
- Most importantly, the Court clarified the distinction between judicial functions and administrative functions. For judicial functions, the ACJM can exercise powers at par with the CJM. But for administrative functions like transferring cases from one court to another based on party applications, the ACJM needs specific authorization from the High Court under Section 10(2).
- The Court held that Section 450 BNSS (corresponding to Section 410 CrPC) gives the Chief Judicial Magistrate power to withdraw and recall cases, but this power is administrative in nature and meant for maintaining equilibrium of cases among magistrates. It cannot be used to transfer cases based on complaints by parties who have grievances against the presiding officer.
- The Court directed that parties seeking transfer of cases should approach the Principal District and Sessions Judge under Section 448 BNSS (corresponding to Section 408 CrPC), which specifically deals with transfer for the "ends of justice."
This judgment is a landmark because it prevents misuse of administrative powers by magistrates and ensures that parties follow the proper legal channels for seeking transfers based on justice considerations rather than administrative convenience.
R.D. Jain & Co. vs. Capital First Ltd. & Ors. – Supreme Court, (2023) 1 SCC 675
While this judgment was delivered under the old CrPC regime, the Delhi High Court in Sudesh Chhikara specifically relied upon it for interpreting Section 10 BNSS. The Supreme Court held that:
- The Additional Chief Metropolitan Magistrate can be said to be at par with the Chief Metropolitan Magistrate insofar as the powers to be exercised under the Cr.PC are concerned.
- The Chief Metropolitan Magistrate may have additional administrative powers, but for all other purposes, particularly the powers to be exercised under the Cr.PC, both are at par.
- The Additional Chief Metropolitan Magistrate cannot be said to be subordinate to the Chief Metropolitan Magistrate insofar as exercise of judicial powers are concerned.
This Supreme Court principle has been adopted and applied to Section 10 BNSS, establishing that Additional Chief Judicial Magistrates are equal to Chief Judicial Magistrates for judicial functions but remain subordinate for administrative functions.
High Court of Madhya Pradesh in A.K. Singh, Special Railway Magistrate, Jabalpur
This case was extensively discussed in Sudesh Chhikara and provides important guidance on the scope of Section 450 BNSS (withdrawal of cases by Judicial Magistrates). The Madhya Pradesh High Court held that:
- The jurisdiction of the Chief Judicial Magistrate under the withdrawal provision is administrative in nature.
- It is meant to keep equilibrium of cases amongst the various magistrates working under him in the district.
- The Chief Judicial Magistrate can withdraw cases from one Magistrate and send them to another for administrative convenience.
- However, this provision does not empower a Chief Judicial Magistrate to exercise power of transfer on complaint by one of the parties.
- For party-initiated transfers, the remedy lies under Section 448 BNSS (corresponding to Section 408 Cr.PC), which is exercised by the Sessions Judge when he considers it expedient for the "ends of Justice."
This interpretation has been fully endorsed by the Delhi High Court in its 2025 judgment and now governs how Section 10 and related provisions operate under BNSS.
High Court of Gujarat in Chandrkantbhai Bhaichandbhai Sharma
The Gujarat High Court's decision in this case was also followed in Sudesh Chhikara. It reinforced the principle that the Chief Judicial Magistrate's power under the withdrawal provision is limited to administrative redistribution and cannot be used to adjudicate party grievances about bias or fairness of particular magistrates.
High Court of Karnataka in M/s Radical Works Pvt. Ltd.
The Karnataka High Court's ruling added another layer of protection by emphasizing that even when the Chief Judicial Magistrate acts administratively, principles of natural justice must be followed. The Delhi High Court in Sudesh Chhikara noted that the impugned order had to go because the Additional Chief Metropolitan Magistrate did not even consider it necessary to issue notice before passing the transfer order.
Practical Implications of Section 10 BNSS: What It Means for Litigants and Lawyers
Understanding Section 10 BNSS is not just an academic exercise. It has real-world consequences for how cases move through the criminal justice system.
For Litigants Seeking Transfer of Cases
If you are unhappy with how your case is being handled by a particular magistrate, Section 10 does not give you a direct remedy. You cannot approach the Chief Judicial Magistrate under Section 450 BNSS and ask for transfer based on your grievances. Instead:
- You must file an application before the Principal District and Sessions Judge under Section 448 BNSS
- The Sessions Judge can transfer the case if satisfied that it is expedient for the ends of justice
- The Sessions Judge may act on the report of the lower court, on the application of the party interested, or on his own initiative
For Additional Chief Judicial Magistrates
If you are serving as an ACJM, remember that your powers depend on what the High Court has specifically directed. Check your appointment order carefully. If it says you have "all powers" of the Chief Judicial Magistrate, you are virtually equal for both judicial and administrative purposes. If it says "any powers" or lists specific powers, you are limited to those specified functions.
For distribution of business among subordinate magistrates, only the Chief Judicial Magistrate has this power under Section 13(2) BNSS, unless the High Court has specifically given you this authority.
For Chief Judicial Magistrates
As CJM, you are the administrative head of the district magistracy. Your powers include:
- Distributing business among judicial magistrates subordinate to you
- Withdrawing and recalling cases from one magistrate to another for administrative convenience
- Supervising the functioning of all magistrate courts in your district
- Defining local limits of areas where magistrates exercise their powers (under Section 12 BNSS)
However, remember that your power to withdraw cases under Section 450 BNSS is administrative, not judicial. You cannot use it to address party complaints about bias or fairness. For that, the proper forum is the Sessions Judge under Section 448 BNSS.
Section 10 in Conjunction with Other BNSS Provisions
To fully understand Section 10, we need to see how it works with other related provisions of BNSS.
Section 9 BNSS: Establishment of Judicial Magistrates
Section 9 provides for the appointment of Judicial Magistrates of the first class and second class in every district. These are the officers who form the pool from which Chief Judicial Magistrates, Additional Chief Judicial Magistrates, and Sub-divisional Judicial Magistrates are drawn.
Section 11 BNSS: Special Judicial Magistrates
This provision allows the High Court to confer powers of judicial magistrates on persons who hold or have held government posts. Such Special Judicial Magistrates can be appointed for terms not exceeding one year. They operate under the broader supervision structure established by Section 10.
Section 12 BNSS: Local Jurisdiction of Judicial Magistrates
The Chief Judicial Magistrate has the power under Section 12 to define the local limits of areas within which magistrates exercise their powers. This is an important administrative function that ensures orderly distribution of territorial jurisdiction.
Section 13 BNSS: Subordination of Judicial Magistrates
This provision establishes the chain of command:
- Every Chief Judicial Magistrate is subordinate to the Sessions Judge
- Every other Judicial Magistrate is subordinate to the Chief Judicial Magistrate (subject to the general control of the Sessions Judge)
- The Chief Judicial Magistrate may make rules or give special orders regarding distribution of business among subordinate magistrates
This subordination is administrative, not judicial. It does not mean that a Judicial Magistrate of the first class cannot disagree with the CJM on legal questions or pass independent judicial orders.
Section 448-450 BNSS: Transfer and Withdrawal of Cases
- Section 448 BNSS: Sessions Judge's power to transfer cases for ends of justice
- Section 449 BNSS: Sessions Judge's power to withdraw cases from Assistant Sessions Judges
- Section 450 BNSS: Chief Judicial Magistrate's power to withdraw cases from subordinate magistrates (administrative in nature)
These provisions work together with Section 10 to create a comprehensive framework for case management.
Common Misconceptions About Section 10 BNSS
Let us clear up some common misunderstandings:
Misconception 1: The Chief Judicial Magistrate Can Transfer Any Case Anywhere
Reality: The CJM's power to withdraw and reallocate cases under Section 450 BNSS is administrative and limited to maintaining workload equilibrium. The CJM cannot transfer cases based on party applications or grievances against presiding officers. For that, the proper remedy is Section 448 BNSS before the Sessions Judge.
Misconception 2: Additional Chief Judicial Magistrates Are Automatically Equal to Chief Judicial Magistrates
Reality: For judicial functions, yes – ACJMs are at par with CJMs. But for administrative functions, it depends on what the High Court has specifically directed in their appointment order under Section 10(2). The phrase "all or any" and "as the High Court may direct" makes this clear.
Misconception 3: Sub-Divisional Judicial Magistrates Can Supervise Everyone in Their Sub-Division
Reality: Section 10(4) specifically excludes Additional Chief Judicial Magistrates from the SDJM's supervision. The SDJM supervises only Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division, and that too subject to the CJM's general control and the High Court's specific orders.
The Significance of Section 10 BNSS for Judicial Reforms
The Bharatiya Nagarik Suraksha Sanhita, 2023 represents India's attempt to modernize its criminal procedure framework. Section 10 plays a crucial role in this modernization by:
- Ensuring clear leadership at the district magistrate level
- Preventing administrative chaos through defined hierarchies
- Enabling flexible staffing through Additional Chief Judicial Magistrates based on workload
- Maintaining judicial independence by keeping appointments with the High Court rather than the executive
- Creating accountability through supervised subordination structures
The recent judgment in Sudesh Chhikara (2025) has added significant clarity by distinguishing between judicial and administrative powers and ensuring that parties follow proper channels for seeking justice.
Practical Tips for Navigating Section 10 BNSS
If you are dealing with a matter where Section 10 BNSS is relevant, here are some practical pointers:
- Always check the appointment order of the Additional Chief Judicial Magistrate to see what powers have been conferred by the High Court
- For administrative transfers (workload balancing), the Chief Judicial Magistrate is the proper authority under Section 450 BNSS
- For justice-based transfers (bias, fairness concerns), approach the Principal District and Sessions Judge under Section 448 BNSS
- Remember the hierarchy: High Court → Sessions Judge → Chief Judicial Magistrate → Sub-divisional Judicial Magistrate → Judicial Magistrates
- Additional Chief Judicial Magistrates are not automatically subordinate for judicial functions but may be limited in administrative functions
Conclusion: Section 10 BNSS as the Cornerstone of District Criminal Administration
Section 10 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may seem like a dry administrative provision, but it is in fact the cornerstone upon which the entire district criminal judiciary rests. It establishes who leads, who assists, who supervises whom, and how cases flow through the system.
The recent case law, particularly the Delhi High Court's judgment in Sudesh Chhikara (March 2025), has brought much-needed clarity to the distinction between judicial and administrative powers under this provision. The courts have made it clear that while Additional Chief Judicial Magistrates are equal partners in dispensing justice, the administrative reins remain firmly with the Chief Judicial Magistrate unless the High Court specifically directs otherwise.
For anyone navigating India's criminal courts – whether as a litigant, lawyer, or judicial officer – understanding Section 10 BNSS is essential. It tells you who has the power to do what, where to go for which remedy, and how the intricate machinery of criminal justice administration actually works at the ground level.
As India's criminal justice system continues to evolve under the BNSS regime, Section 10 will undoubtedly see more judicial interpretation. But its core purpose will remain unchanged: to ensure that in every district, there is a clear, accountable, and efficient leadership structure for magistrate courts, delivering justice to the people.
Source Links
- Sudesh Chhikara vs. State (Govt. of NCT of Delhi) & Anr., Delhi High Court, March 17, 2025 – https://indiankanoon.org/doc/133171084/
- R.D. Jain & Co. vs. Capital First Ltd. & Ors., Supreme Court, (2023) 1 SCC 675
- A.K. Singh, Special Railway Magistrate, Jabalpur – High Court of Madhya Pradesh
- Chandrkantbhai Bhaichandbhai Sharma – High Court of Gujarat
- M/s Radical Works Pvt. Ltd. – High Court of Karnataka
- Drishti Judiciary: Constitution of Criminal Courts Under BNSS – https://www.drishtijudiciary.com/to-the-point/bharatiya-nagarik-suraksha-sanhita-&-code-of-criminal-procedure/constitution-of-criminal-courts-under-bnss
- Lead India Law: Section 10 Chief Judicial Magistrate and Additional Chief Judicial Magistrate – https://www.leadindia.law/bnss-section-10-chief-judicial-magistrate-and-additional-chief-judicial-magistrate-etc
- Go Legal Consultancy: Section 10 BNSS Explained – https://golegalconsultancy.com/bnss-act/section-10-bnss-chief-judicial-magistrate-explained/
- Vidhi Judicial Academy: Section 10 of BNSS – http://vidhijudicial.com/section-10-of-the-bharatiya-nagarik-suraksha-sanhita,-2023.html
- Taxmann: Comparative Study of BNSS and CrPC Provisions – https://cdn.taxmann.com/BookshopFiles/bookfiles/9789357787727_sampleNewfe2517bfb898.pdf
- Scribd: Classes and Powers of Criminal Courts BNSS – https://www.scribd.com/document/859953528/Criminal-Courts-and-Their-Powers
This article is for educational and informational purposes only and does not constitute legal advice. For specific legal matters, please consult a qualified advocate or refer to the official text of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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