Jurisdiction and Judicial Setup

Criminal Side

 

Local Jurisdiction in relation to a Court or a Judge or a Magistrate means the local area within which the Court or the Judge or the Magistrate may exercise all or any of its or his powers under the Code of Criminal Procedures and such local area may comprise the whole of the State or any part of the state, as the State Government may, by notification, specify. [Under Section 2(j) Cr. P.C. , 1973 (as amended till date)]
The State Government of Sikkim vide notification no. 54(103)Home/93/38 dated 5th July, 1994 divided the whole of Sikkim in two Sessions Divisions, one for East and North Districts and the other for South & West Districts of Sikkim with their headquarters at Gangtok. The first Sessions Judge (South & West) was appointed vide notification no. 22/HCS dated 19th July, 1994.
The local jurisdiction of the District & Sessions Judge (South) & District & Sessions Judge (West) cover the whole of South and West revenue districts of Sikkim respectively. He/She exercises all or any of his/her powers within his/her local jurisdiction as per the provisions laid down in the Cr. P.C, 1973 (as amended till date).

 

The Chief Judicial Magistrate (South) and the Chief Judicial Magistrate (West) exercise all or any of his/her powers as per the provisions laid down in the Cr. P.C, 1973 (as amended till date) in his/her local jurisdiction which comprise the whole of South & West districts of Sikkim, respectively.
  
The Judicial Magistrate (South : Namchi & Ravangla Sub-Divisions) exercise all or any of his/her powers as per the provisions laid down in the Cr. P.C, 1973 (as amended till date) in his/her local jurisdiction which comprise the whole of South district of Sikkim (Namchi & Ravangla Sub-Divisions, respectively).
The Judicial Magistrate (West : Gyalshing and Soreng Sub-Divisions) exercise all or any of his/her powers as per the provisions laid down in the Cr. P.C, 1973 (as amended till date) in his/her local jurisdiction which comprise the whole of West district of Sikkim (Gyalshing & Soreng Sub-Divisions, respectively).
Civil Side
As per the provisions laid down in Section 2 & 3 of the Sikkim Civil Courts Act, 1978 and vide notification no. 22/HCS dated 19th July, 1994 of the Hon'ble High Court of Sikkim, the District Court (South & West) was established and the first District Judge (South & West) was appointed on 19th July, 1994.
The jurisdiction of Civil Courts of Sikkim is described in Section 15 and 16 of the Sikkim Civil Courts Act, 1978 (as amended till date) as follows:
5. “Save as otherwise provided in any law for the time being in force, the jurisdiction of a District Judge extends to all original suits for the time being cognizable by Civil Courts .”
16. (1) “Save as aforesaid and subject to the provisions of subsection (2), the jurisdiction of a Civil Judge shall extend to all suits of which the value does not exceed fifty thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette, with respect to any Civil Judge named therein that his jurisdiction shall extend to all like suits of such value not exceeding twenty thousand rupees as may be specified in the notification:
Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its power under this section.
District Judge (South) and District Judge (West) exercises all or any of his/her powers as per the provisions laid down in the C.P.C., 1908 (as amended till date) and the Sikkim Civil Courts Act, 1978 (as amended till date) in his/her respective local jurisdiction which comprises of the whole of the South and West revenue districts of Sikkim respectively.
Civil Judge (South: Namchi & Ravangla Sub-Divisions) exercises all or any of his/her powers as per the provisions laid down in the C.P.C., 1908 (as amended till date) and the Sikkim Civil Courts Act, 1978 (as amended till date) in his/her local jurisdiction which comprises of the whole of the South revenue district of Sikkim (Namchi & Ravangla Sub-Divisions, respectively).
Civil Judge (West: Gyalshing and Soreng Sub-Divisions) exercises all or any of his/her powers as per the provisions laid down in the C.P.C., 1908 (as amended till date) and the Sikkim Civil Courts Act, 1978 (as amended till date) in his/her local jurisdiction which comprises of the whole of the West revenue district of Sikkim (Gyalshing and Soreng Sub-Divisions, respectively).
Apart from the civil and criminal jurisdictions stated above, the District & Sessions Judge (South) & (West), Civil Judge cum Chief Judicial Magistrate (South) & (West) and Civil Judge cum Judicial magistrate (South) & (West) by virtue of their posts also perform other duties as follows:

Sikkim Anti Drugs Act, 2006 (S.A.D.A Act)

District & Sessions Judge is also the Special Judge under the Sikkim Anti Drugs Act, 2006.

Prevention of Corruption Act (P. C. Act)

District & Sessions Judge is also the Special Judge under the Prevention of Corruption Act.

Narcotic Drugs and Psychotropic Act, 1985 (N.D.P.S Act)

District & Sessions Judge is also the Special Judge under the Narcotic Drugs and Psychotropic Act, 1985.

Human Rights Act

District & Sessions Judge is also the Special Judge under the Human Rights Act.

Motor Accident Claim Tribunal

District & Sessions Judge is also the Single Member under the Motor Accident Claim Tribunal Act, 1988.

Family Court

District & Sessions Judge is also the Judge of the Family Court for South & West Districts of Sikkim.

District Consumer Disputes Redressal Forum

District & Sessions Judge is also the President of the District Consumer Disputes Redressal Forum for South & West Districts of Sikkim.

Juvenile Justice Board (South)

Judicial Magistrate (South) is also the Principal Magistrate (South) of the Juvenile Justice Board for South District of Sikkim.

Juvenile Justice Board (West)

Judicial Magistrate (West) is also the Principal Magistrate (West) of the Juvenile Justice Board for West District of Sikkim.
JUDICIAL & ADMINISTRATIVE SETUP
The District & Sessions Judge is the judicial and administrative head of the entire judicial setup of their respective Districts of Sikkim.
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