J&K HC empowers newly appointed civil judges with powers of Judicial Magistrate First Class
STC NEWS DESK
STINAGAR, NOVEMBER 04 (STC): The Jammu and Kashmir High Court has conferred the powers of Judicial Magistrate First Class on civil judges, during which they will have the powers to record confessional statements, supervise the sealing and sampling of drug samples and verify affidavits. The order states that under this decision, the newly appointed civil judges will be empowered to perform specific legal functions, including recording confessional statements and other statements, supervising the preparation, packing and sealing of samples of seized drugs and other prohibited items and administering oaths for affidavits, among other matters.
According to an order issued by the Office of the Registrar General of the Jammu and Kashmir and Ladakh High Court in this regard, these powers have been conferred under sub-section (3) of section 9 of the Bharatiya Nagrik Suraksha Sanhita 2023, section 183, section 52A of the NDPS Act, 1985 and clause (a) of sub-section (2) of section 3 of the Oaths Act, 1969.
The order states that the Civil Judges (Junior Division) will be able to exercise these powers from the date of their posting in the courts in their respective districts. However, these powers will be for specific legal purposes only and must be exercised in accordance with the relevant laws, rules and regulations and legal procedures.
The High Court order, while explaining the powers, has said that the newly appointed Civil Judges will be able to record confessional statements and other statements under Section 164 of the Code of Criminal Procedure, 1973 or Section 183 of the Bharatiya Nagrik Sarksha Samhita, 2023, as applicable in the case. During this process, the prescribed legal procedures and rules will have to be strictly followed. The order further explains that the Civil Judges (Junior Division) who are currently attached to the Jammu and Kashmir Judicial Academy will be able to exercise the said powers from the date on which the formal order of their posting in their respective courts is issued.
(Straight Talk Communications)
