SESSIONS JUDGE,
OFFICE OF THE PRINCIPAL DISTRICT & NEW DELHI
SOUTH DISTRICI, SAKET COURTS COMPLEX,
26\64- 26224
Endst. No./Judl.i/F.19/South/Saket/2024/ Dated, Delhithe 24 |4|24
by Special Judicial
Sub:- Notification regarding Delhi Petty Offences (Trial
Magistrates) Rules, 2024
alongwith copy of
Copy of letter no. 117/Rule/DHC dated 22.07.2024
information and
Notification no. 63/Rules/DHC dated 16.07.2024 is forwarded for
necessary action to:
Allthe Judicial Officers posted in South District, Saket
Courts, New Delhi.
1.
Courts with request to
2. The officer In-charge, CompUter Branch, Saket District, Saket Courts.
upload the same on the official website of South
District.
3. The office of Chief Judicial Magistrate, South
LAYERS
4. The R&IBranch, South District for uploading on
OFficer In-Charge, uicial Branch,
for Principal District &Sessions Judge, South,
4
Saket Courts Complex,New Delhi
HIGH COURT OF DELHIAT NEW DELHI
No. |4 Rules/DHC
Cony of Notification No. 63/Rules/DIC dated 16.07.2024, as
Dated: 22 o2024
Delhi Gazette Extraordinary Part I, Section 1, No. 34 (NCTD No.published in
105) dated
16.07.2024, regarding Delhi Petty Offences (1rial by Special Judicial Magistrates)
Rules, 2024, is hereby circulated for information.
Dlary No...1od...
Dated...-.. Meenh
Judiclal Branch (|&W)
OloPrnclpal D& B(8nhpEPUTY (MEENAKSHI PANT)
Saket Courts, New Defhi REGISTRAR (RULÉS)
Endst. No. 483-5ID /Rules/DHCI2024
Copy forwarded for information to:
Dated:
22/0+2024
1. The Principal District & Sessions Judge (HÌ), Tis Hazari Courts, Delhi.
2 The Principal District & Sessions Judge, North-West District, Rohini Courts, Delhi.
3. The PrincipalDistrict & Sessions Judge, South District, Saket Courts, New Delhi.
4 The Principal District & Sessions Judge South-West District, Dwatka Courts, New Delhi.
5 The Principal District & Sessions Judge, North District, Rohini Courts, Delhi.
6. The Principal District & Sessions Judge, South-East District, Saket Couts,
7. The Principal District & Sessions Judge, East District, Karkardooma Courts,New Delhi.
Delhi.
8 The Principal District & Sessions Judge,New Delhi District, Patiala House
9. The Principal District & Sessions Judge, Shahdara District, Karkardooma Courts,NewDelhi.
10. Courts,
The Principal District & Sessions Judge, North-East District, Karkardooma Courts,Delhi.
11. The Principal District & Sessions Judge, West District, Tis Hazari Courts, Delhi Delhi.
12. The Principal District & Sessions
District Court Complex, New DelhiJudge-cum-Special
Judge, CBI (PC Act), Rouse Avenue
13. The Principal Judge, Family Courts (HQ), Dwarka Courts Complex, Dwarka, New Delhi
14. The Principal Secretary (Law, Justice & LA), Govt. of N.C.T. of Delhi, Delhi Secretariat,
New Delhi. I.P.Estate,
15. The Commissioner of Police, Police Headquarters, Jai Singh Road, New Delhi-110001
16. The President/Secretary, Delhi High Court Bar Association, Delhi High Court, New Delhi.
17. The President/Secretary, Bar Association, Tis Hazari Courts/Patiala House Courts/
Courts/ RohiniCourts/Dwarka Courts/Saket Court Complex. Karkardooma
18. The Chairman/Secretary, Bar Council of Delhi, 2/6, Siri Fort Institutional Area, Khel Gaon Marg,
NewDelhi-49.
19. The Member Secretary, Delhi State Legal Service Authority, Rouse Avenue Courts, New Delhi
with the request to forward a copy of the Notification/Práctice Directions to the Secretaries of all
the eleven District Legal Services Authorities.
20. The Secretary, Delhi High Court Legal Services Committee.
21. The Chairman, District Court Website Committee, Tis Hazari, Delhi for
Notification on the website of Delhi District Court. uploading the
22. Registrar-cum-Secretary to Hon'ble the Acting Chief Justice.
23. All Registrars/OSDs/Joint Registrars (Judicial) with a requst to bring the content of
the notice of the staff working under them. circular to
24. Joint Registrar-cum-P.A.to Registrar General, Delhi High Court.
25. Joint Director (IT) with the request to upload the Notification on the Intranet of this Court.
26. Librarian, DelhiHigh Court.
27. Private Secretaries to Hon'ble Judges for kind perusal of His Lordships.
Guard File.
(DALIP KhMAR BAJAJ)
ASSISTANT REGISTRAR (RULES)
HIGH COURT OF DELHI: NEW
DELHI
No. 63/Rules/DHC
NOTIFICATION
Dated: 116.07.2024
In exercise of the powers
confered by proviso to sub - section (1) of Section 77 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) and in
made earlier under section 18 of Code of Criminal
Procedure
supersession
1973
of the Rules
Court, Hon'ble the Acting Chief Justice and Hon'ble Judges of (No. 2of 1974) by this
New Delhi, hereby make the following the High Court of Delhi at
Rules, namely:
1. Short title, extent and
commencement :
(1) These Rules shall be called the Delhi Petty Offences (Trial by
Magistrates) Rules, 2024. Special Judicial
(2) They shall extend to the whole of the National Capital Territory of Delhi.
(3) They shall come into force from the date of their publication in the official
Gazette.
2. Definitions : - In these Rules, unless the context otherwise
requires :
(1) "Sanhita" shallmean the Bharatiya Nagarik Suraksha Sanhita, 2023.
(2) *Offence" shall have the same meaning as assigned to it in the Sanhita.
(3) (a) *Petty Offence" means an offence listed in the following provisions:
(i) Section 359, Tables I & II, of the Sanhita, excluding offences under
Section 79, 82(1), 88, 117(2), 122(2), 125(b), 127(3), 127(4), 127(6),
303(2), 306, 316(2), 316(3), 316(4), 317(2), 317(5), 318(2), 318(3),
318(4), 319(2), 322, 323, 325, 326(a), 347(2) and 351(3) of the Bharatiya
Nyaya Sanhita, 2023;
(ii) Section 194 and 125 of the Bharatiya Nyaya Sanhita, 2023;
(ii) All offences under any other Act which are punishable upto two years'
imprisonment.
(b) The Chief Justice of the High Court may from time to time assign any
other type of cases to be decided by the Special Judicial Magistrates.
(4) Definiions given in Section 2%f the Sanhita shall hold good for these Rules.
3. Qualification :- A person shall not be qualified for appointment as Special
Judicial Magistrate unless he/she is a law graduate and
(1) has been a District Magistrate or a Judicial Officer; or
(2) has for a period of not less than one year exercised the powers of Sub
Divisional Magistrate; or
(3) has for a period of not less than two years exercised the powers of an
Executive Magistrate; or
(4) has held, for a period of not less than five years, a Group 'A'post on the
Establishment of the High Courtof Delhi or that of the CourtsSubordinate
thereto; or
(5) has held, for a period of not less than five years, a Group "A' post under
the department of the Government of NCT of Delhi or the Central
Government or State Government (Preference will be given to those
persons who have been dealing with legal affairs or have been working in
the department dealing with legal afrairs); and
of power
not attained the age of 65 years on the date of conferment
(6) has him/her.
Special Judicial Magistrate on
Explanation : -
who is eligible to
For the purpose of these rules a "law graduate'" is a perSon
be enrolled as an advocate.]
4. Disqualification:A person -
(1) Who does not hold or has not held a postunder the Govt./ High Court of Delhi
and the Courts subordinate thereto of the rank and status and does not possess
the qualification, if any, attached thereto, as mentioned in the just preceding
Rule; or
(2) Who having held an office under the State or the Union Government or the
High Court and the Courts subordinate thereto, has been dismissed or removed
or compulsorily retired from service or subjected to any other major penalty
for misconduct' or
(3) Who having held an office as mentioned in sub -rule (2) has been convicted
and sentenced by a Court for an offence involving moral delinquency or is
charged of any offence constituting moral turpitude and proceedings against
him are pending; or
(4) Who having held an ofice as mentioned in sub - rule (2), is of unsound mind
or who is deaf or mute or blind or suffering from leprosy or any other
contagious disease; or
(5) Who having held an office as mentioned in sub -rule (2)has been adjudicated
as an insolvent or an undischarged insolvent; or
(6) Who having held an office as provided in sub -rule (1), (2), (3), (4) and (5) of
Rule 3, is a practicing advocate;
shall not be eligible for conferment of powers of Special Judicial Magistrate.
Provided that a practicing advocate as mentioned in sub -rule (6), shall
not be disqualified for conferment of powers of Special Judicial Magistrate, if
he, before he is considered for such conferment, undertakes that he shall have
his license as an advocate suspended immediately on conferment of power of
Special Judicial Magistrate and does so before assumption of charge as such.
5. The High Court shall appoint only such persons as Special
Judicial Magistrate who
possess the qualification mentioned above and are found suitable by it.
6. The Special Judicial Magistrate shall exercise the satne
Sanhita on Judicial Magistrates. powers as conferred by the
7. Revocation of powers - The powers of Special Judicial
Magistrate confetred on a
person by the High Court are liable to be revoked without any notice or hearing to the
person concerned, if the High Court is satisfied that such revocation is in public
interest.
8. (1) A Special Judicial Magistrate, before entering upon his office, shall take oath as
has beern prescribed for a Judicial Magistrate. The oath shall be administered by
the Sessions Judge.
) Every Special Judicial Magistrate shall be
familiarize himself with the working of Courtsimparted 15 day's training to
Judicial Magistrate provided by the Sessions
that the High Court may Judge/Chief
Judicial Magistrate from training. exempt any such Special
(3) Special Judicial
Magistrate shall be under the control of Sessions Judge and the
Chief Judicial Magistrate, as per the scheme of the
Sanhita.
9. (1) The term of the office of
the Special Judicial Magistrate shall be
may be renewed by the High Court, one year which
subject to sub -rule (6) of Rule 3.
(2) A Special Judicial Magistrate shall be
entitled to
pocket expenses, as may be fixed by the High Courtsuch honorarium and out of
from time to time.
10. (1) The State Government shall provide court accommodation, conveyance and
ancillary staff through the Sessions Judge to the Special Judicial
consultation with the Chief Justice of the High Court. Magistrate in
(2) A Special Judicial Magistrate shall be entitled to only casual leave as may be
permissible to a Judicial Magistrate.
11. (1) All petty offences shall be tried by Special Judicial Magistrates unless the High
Court otherwise directs.
(2)All petty offences shall be tried in a summary way as per procedure laid down in
Section 283 of the Sanhita.
(3)When in the course of summary trial it appears to the Special Judicial Magistrate
that the nature of the case is such that it is undesirable to try it summarily, he shall
refer the case to Chief Judicial Magistrate for entrusting it to any Judicial
Magistrate competent to decide the same.
12. Special Judicial Magistrates, in relation to petty offences mentioned above, shall
have the same powers as to bails and bonds as are provided in the Sanhita.
13. Repeal and Savings:
) Delhi Petty Offences (Trial by Special Metropolitan Magistrates) Rules, 1998
are hereby repealed.
(i) Notwithstanding such repeal, anything done or any action taken under the
Rules, 1998 shall be deemed to have been done or taken under the Rules, 2024.
BY ORDER OF THE COURT
Sd/
(KANWAL JEET ARORA)
REGISTRAR GENERAL