The Full form of CJM stands for Chief Judicial Magistrate & they play a crucial role in India's judicial system, especially at the lower court level. As the backbone of criminal case management, the CJM ensures that justice is delivered smoothly and efficiently. This role was created to share the workload of higher courts, bringing justice closer to the people and making the legal system more accessible and effective.
What is CJM?
A Chief Judicial Magistrate is a judicial officer in the criminal justice system at the district level who has been vested with certain powers under the Code of Criminal Procedure, 1973 (CrPC). The CJM would oversee the working of the subordinate judicial magistrates in the district. This rank forms the highest in the Judicial Magistrates' Court, and thus the CJM has jurisdiction over matters brought within criminal law. The CJM has the responsibility not only of overseeing criminal trials but also of the other judicial magistrates in the district. Thus, they oversee and monitor the magistrates' courts that lie within their districts as an entirety.
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What are the Functions of a CJM?
The Chief Judicial Magistrate conducts many functions related to criminal justice. These include the implementation of law and order in the district along with the quick delivery of justice according to the laws of the land. Let's look at all the functions performed by a CJM in detail:-
1. Criminal Cases Disposal
CJM deals with criminal cases under which some offenses are punishable with imprisonment for a term of less than seven years. He can provide judgments even along with the levy of penalty and issue warrants.
2. Control
A CJM supervises the work of other Judicial Magistrates of First Class and Second Class in the district. Subordinate magistrates are made to function properly and according to the enactments.
3. Issuance of Orders and Warrants
The CJM has the power to issue an arrest warrant, a search warrant, and even summon any person for the purpose of legal procedure. The CJM can even accept or decline the bail in the proceeding of the criminal.
4. Custody and Remand
A CJM can commit the accused persons to judicial custody and can extend the remand if so required. They safeguard that the rights of the accused do not get affected in the process of investigation or trial.
Also, Get to Know Who is Additional Chief Judicial Magistrate (ACJM)
What is the Jurisdiction of a CJM?
The Chief Judicial Magistrate is defined by the territorial as well as the nature of cases to which their jurisdiction extends. Their jurisdiction over a district makes the CJM the head of the Court of the Judicial Magistrates there. In criminal cases, they are vested with considerable authority within the limit of their judicial powers. Therefore, a CJM cannot act beyond his allotted jurisdiction area. They work in a particular district and enjoy the following jurisdictions:
Criminal Jurisdiction: CJM is vested with the power to provide judgements on any case that falls under criminal nature, for instance, theft, assault, and so forth and other offenses as envisaged under the CrPC.
Supervisory Jurisdiction: Their jurisdictions involve acts of supervision and guidance of activities of other magistrates in the district.
Sentencing: A CJM can impose imprisonment up to seven years in cases of crime.
Also, Get a Clear Understanding about Rajasthan Judicial Services (RJS) Examination
How Chief Judicial Magistrate Is Appointed?
A Chief Judicial Magistrate is appointed as per the provisions contemplated under the Criminal Procedure Code, 1973 also known as Bharatiya Nagarik Suraksha Sanhita (BNSS). Appointments are typically made in the hands of a High Court of each state.
1. Eligibility
The applicant should have held the office of Judicial Magistrate for such a number of years as may be prescribed by state rules. Judicially experienced practitioners are appointed for this position of CJM.
2. Recommendation
The High Court recommends names based on merit, performance, and seniority.
3. Process
A Chief Judicial Magistrate can be appointed by the High Court of a state. Before finalizing the selection, the High Court consults with the Sessions Judge of the district.
4. Selection
Final selection is done after proper consideration by the High Court and the appointee should have an excellent understanding of criminal law and the capacity to handle the responsibility of a CJM.
5. Tenure Period
The tenure period of the CJM can vary according to the rules defined by the judiciary of the state. On serving as a CJM, they are also promoted to further upward positions in the judiciary, like Sessions Judge.
Also, Learn about the Provincial Civil Service-Judicial Examination, which is popularly known as Judicial Services Examination
What are the Powers of a CJM?
A Chief Judicial Magistrate is conferred with many powers that help them maintain the criminal justice system in an efficient manner. In fact, these powers have been listed out in the Bharatiya Nagarik Suraksha Sanhita.
1. Judicial Powers
The CJM can himself hold a trial for any criminal cases that attract imprisonment of up to seven years. They can impose fines, imprisonment, and all other types of punishments on people according to the law.
2. Administrative Powers
Since CJM is the administrative head of the Judicial Magistrates' Court, they will have control over the performance and workload and distribution of the subordinate magistrates.
Administrative aspects of CJMs include the working of courts within their jurisdiction.
3. Bail Powers
A CJM may admit or discharge a person on bail or decline to do so, however, he shall not refuse to grant bail in cases where bail has been ordered to be granted by a court other than the CJM under the Bharatiya Nagarik Suraksha Sanhita (Code of Criminal Procedure, 1973)
4. Other Powers
The CJM is authorized to revise any order made by Judicial Magistrates of the Second Class and he is empowered to alter such order if necessary.
The CJM can transfer a case to any other court which could conveniently try the case within his judicial district.
Also, Read about the Roles & Powers of Additional District Judge (ADJ)
Conclusion
The Chief Judicial Magistrate, in the administration of the criminal justice system at the district level, held a vital role. He had the right to try several criminal cases; had the power to run the subordinate magistrates in their day-to-day work; and exercised administrative authority within the judiciary to take care of the administrative aspects too. Their powers to grant bail, to issue warrants for arrests, and to deal with cases punishable by up to seven years of imprisonment only illustrate how critical they are in maintaining law and order. The CJM connects the lower courts to higher judicial bodies and plays a vital role in bringing down the delivery of justice in this district to its highest efficiency within its framework.
Related FAQs
Q1. What is CJM?
CJM means Chief Judicial Magistrate, chief judicial authority to an India's district-level criminal justice system.
Q2. What are the CJM's duties?
The main duties of a CJM include hearing criminal cases, keeping a check on the subordinate magistrates, issuance of arrest and search warrants, bail, and keeping court procedures running seamlessly.
Q3. In what manner is the Chief Judicial Magistrate appointed?
A CJM is appointed by the High Court of the concerned state, mostly from the people who have served as judicial magistrates with adequate experience.
Q4. What is the jurisdiction of a CJM?
The CJM has the jurisdiction to try cases in a district with criminal offenses punishable with imprisonment up to seven years.
Q5. Can a CJM pass a life imprisonment sentence?
No, a CJM cannot provide with life imprisonment or a death sentence. Such cases fall under the purview of higher courts like Sessions Court.
