On the primary day of their implementation, tmehe three new felony legislation codes bumped into some teething troubles. Confusion prevailed over the standing of Chief Metropolitan Justice of the Peace (CMM) and Metropolitan Justice of the Peace (MM) Courts for the reason that the Bharatiya Nagarik Suraksha Sanhita (BNSS), which changed the CrPC, has omitted references to MM and solely contains the Judicial Justice of the Peace of First Class and Judicial Justice of the Peace Second Class.
Part 17 of the CrPC states that “the Excessive Court docket shall, in relation to each metropolitan space inside its native jurisdiction, appoint a Metropolitan Justice of the Peace to be the Chief Metropolitan Justice of the Peace for such metropolitan space. As per the CrPC, cities and cities which have a inhabitants exceeding a million are notified as metropolitan areas. Though there isn’t any distinction in powers, CMM and MMs are appointed by state authorities by notification for a interval of 1 yr and MMs are often assigned
Within the afternoon, the Delhi HC issued a notification designating MM Courts as Judicial Magistrates. “In train of the powers conferred by sub-section (2) of Part 9 of Bharatiya Nagarik Suraksha Sanhita, 2023 and all different powers enabling them on this behalf, Hon’ble the Appearing Chief Justice and Hon’ble Judges of this Court docket have been happy to re-designate the prevailing Magisterial Courts of Chief Metropolitan Magistrates, Addl. Chief Metropolitan Magistrates, Metropolitan Magistrates, and many others. of all Metropolitan Areas (erstwhile)/ Judicial Districts of Nationwide Capital Territory of Delhi,” learn the order.
There was some confusion on what occurs if the now-replaced felony codes are invoked after July 1, unintentionally or in any other case. For instance, PMLA lists scheduled offences underneath the IPC and the BNS has not but been included. Nonetheless, sources in authorities clarified that the Repeal and Financial savings provision in BNS states that “something achieved or any motion taken underneath mentioned Code (IPC) shall be deemed to have been achieved or taken underneath corresponding provisions of the Sanhita.”