Section 18 – Code of Criminal Procedure, 1973

(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases, in any metropolitan area within its local jurisdiction :

Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

(3) The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.

STATE AMENDMENTS

ANDHRA PRADESH

■ Sub-section (2)

For the words “not exceeding one year at a time”, the words “not exceeding two years at a time” shall be substituted and to the said sub-section the following proviso shall be added, namely :—

“Provided that a person who is holding the office of Special Metropolitan Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992, and has not completed sixty five years of age shall continue to hold office for a term of two years from the date of his appointment”.—Andhra Pradesh Act 2 of 1992.

MAHARASHTRA

■ Sub-section (1)

For the words “in any metropolitan area” substitute the words “in one or more metropolitan areas”—Vide Maharashtra Act No. 23 of 1976.

COMMENTS

JOINT COMMITTEE OF PARLIAMENT

Criticism of system of Honorary Magistrates – Sections 13 and 18 deal with the appointment of Special Judicial/Metropolitan Magistrates. These correspond to section 14 of the old Code. It was under the latter section that Honorary Magistrates could be appointed. The Joint Committee of Parliament took note of the widespread criticism of the working of the system of Honorary Magistrates, particularly of the Benches. It observed :

“The justification that is usually given for the system of appointing Honorary Magistrates is that it helps in giving relief to the stipendiary Magistracy by disposing of a large number of petty criminal cases, particularly in the larger towns. In the Committee’s view the proper way to deal with arrears will be to appoint sufficient number of stipendiary Magistrates. However, the Committee is convinced that the deletion of the enabling provision for appointment of Special Magistrates would create problems, as happened in the Union territory of Delhi recently. In certain States, the practice of appointing retired Government officers as Special Magistrates, sitting singly to dispose of petty cases has been adopted with advantage. These Magistrates, who are usually invested with summary powers, are able to dispose of a large number of petty cases with expedition. An enabling provision in this behalf is necessary as it may facilitate the appointment of such Special Magistrates for disposing of petty cases. The enabling provision would also be useful in another way. In remote or inaccessible localities or areas with thin population, the available work may not justify the appointment of a full time Magistrate. In such situations there is a practice in some States to confer the powers of a Magistrate on a local officer of Government, like the Sub-Registrar, to dispose of the few criminal cases arising in such areas. This will be a facility to the local inhabitants who otherwise would have to travel a long distance to reach a Magistrate’s Court.”

Modification of the system—The Committee, after careful consideration, is of the view that the enabling power to appoint Special Magistrates should be retained both in the metropolitan areas and elsewhere, with the following modifications :