CODE OF CRIMINAL PROCEDURE, 1973

Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate (1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area. (2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.  

Courts of Metropolitan Magistrates (1) In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify. (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area. STATE AMENDMENTS UTTAR PRADESH ■ Sub-section (4) Insert the following sub-section after sub-section (3) : “(4) Where the Office of the Chief Metropolitan Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior-most among the Additional Chief Metropolitan Magistrates and other Metropolitan Magistrates present at the place, shall dispose of the urgent work of the Chief Metropolitan Magistrate.”—Vide U.P. Act No. 1 of 1984.

Subordination of Judicial Magistrates (1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate. (2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him. STATE AMENDMENTS BIHAR ■ Sub-section (3) After sub-section (2), insert following sub-section : “(3) Any Judicial Magistrate exercising powers over any local area extending beyond the district in which he holds his court, shall be subordinate to the Chief Judicial Magistrate of the said district and references in this Code to the Sessions Judge shall be deemed to be references to the Sessions Judge of that district where he holds his court.”—Vide Bihar Act No. 8 of 1977.

Local jurisdiction of Judicial Magistrates (1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this Code : Provided that the Court of a Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. (3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area. STATE AMENDMENTS MAHARASHTRA ■ Section 14A After section 14, insert following section : “14A. Investing Judicial Magistrates with jurisdiction in specified cases or local area—The High Court may invest any Judicial Magistrate with or any of the powers conferred or conferable by or under this Code upon a Judicial Magistrate in respect to particular cases or to a particular class or classes of cases, or in regard to cases generally, in any local area consisting of all or any of the districts specified by it in this behalf.”—Vide Maharashtra Act No. 23 of 1976. COMMENTS Definitions of local limits subject to High Court’s control – This section corresponds to the latter part of old section 12 and covers also Special Magistrates. The power to define local jurisdiction of Magistrates has been conferred on the Chief Judicial Magistrate subject to the overall control of the High Court which under the Code is the appointing authority for the Judicial Magistrates. Chief Judicial Magistrate can take cognizance of any offence, committed anywhere in his district – Notwithstanding the fact that the Chief Judicial Magistrate has by a general or special order under section 15(2) read with section 14, defined the local limits of the area of jurisdiction of each Magistrate, and made rules or given special orders as to the distribution of business among the Judicial Magistrates subordinate to him, he does not thereby lose his own jurisdiction to exercise the powers of Judicial Magistrate of the first class throughout the district. That being so, the Chief Judicial Magistrate is competent to take cognizance of any offence, committed anywhere in his district, notwithstanding the fact that the area in which the offence was committed happens to fall within the local limits of the area assigned by the Chief Judicial Magistrate to some other Judicial Magistrate, subordinate to him, in accordance with the provisions of sections 14 and 15. Of course, taking of such cognizance by the Chief Judicial Magistrate would be possible only if the complaint or police report, as the case may be, is presented in his Court instead of being presented in the Court of the Judicial Magistrate within the local limits of whose jurisdiction the crime might have been committed.—Mahesh Chand v. State of Rajasthan AIR 1986 Raj. 58.

Special Judicial Magistrates (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 Judicial Magistrate of the first class or of the second class, in respect to particular cases or to a particular classes of cases, in any local area, not being a metropolitan area : 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 Judicial 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 may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction. STATE AMENDMENTS ANDHRA PRADESH ■ Section 13(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 any person who is holding the office of Special Judicial Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992 and has his 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 No. 2 of 1992. BIHAR ■ Section 13 In section 13 for the words “in any district”, substitute the words “in any local area”.—Vide Act No. 8 of 1977. HARYANA ■ Section 13(1) In section 13 for the words “second class” substitute the words “first or second class” and for the words “in any district” substitute the words “in any local area”.—Vide Act No. 16 of 1976. HIMACHAL PRADESH ■ Section 13(1) In sub-section (1) of section 13 for the words “in any district”, substitute the words “in any local area”.—Vide Act No. 40 of 1976. PUNJAB ■ Section 13(1) In section 13, sub-section (1) : for the words “second class” substitute the words “first class or second class” and for the words “in any district” substitute the words “in any local area”.—Vide Act No. 9 of 1978. UTTAR PRADESH ■ Section 13(1) In section 13 for the words “second class” substitute the words “first or second class” and for the words “in any district” substitute the words “in any local area”.—Vide Act No. 16 of 1976.

Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc (1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate. (2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct. (3) (a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires. (b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf. STATE AMENDMENTS NAGALAND ■ Section 12(1)/(2)/(3) In sub-sections (1), (2) and (3) the words “High Court” shall be substituted by the words “State Government” wherever it occurs.-Vide Notification No. Law 170/74 Leg. dated 3-7-1975. UTTAR PRADESH ■ Section 12(4) Insert the following sub-section to section 12 : “(4) Where the Office of the Chief Judicial Magistrate is vacant or he is incapacitated by illness, absence or otherwise for the performance of his duties, the senior-most among the Additional Chief Judicial Magistrates and other Judicial Magistrates present at the place, and in their absence the District Magistrate and in his absence the senior-most Executive Magistrate shall dispose of the urgent work of the Chief Judicial Magistrate.”—Vide U.P. Act No. 1 of 1984.

Courts of Judicial Magistrates (1) In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify : Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrates has been established. (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court. STATE AMENDMENTS ANDAMAN AND NICOBAR ISLANDS, DADRA AND NAGAR HAVELI AND LAKSHADWEEP ■ Sub-section (3) In sub-section (3) of section 11, for the words “any member of the Judicial Service of the State, functioning as a Judge in a Civil Court,” the words “any person discharging the functions of a Civil Court” shall be substituted. – Regulation 1 of 1974. BIHAR ■ Sub-section (4) After sub-section (3), insert following sub-section : “(4) The State Government may likewise establish for any local area one or more Courts of Judicial Magistrate of the first class or second class to try any particular cases or particular class or categories of cases.”—Vide Bihar Act No. 8 of 1977. HARYANA ■ Sub-section (1A) After sub-section (1), insert following sub-section : “(1A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular cases or to particular class or classes of cases, or to cases generally in any local area,”—Vide Haryana Act No. 16 of 1976. KERALA ■ Sub-section (1A) Insert the following sub-sections after sub-section (1) : “(1A) The State Government may likewise establish as many special courts of Judicial Magistrates of first class in respect to particular cases or to a particular class or particular classes of cases or in regard to cases generally, in any local area.”—Vide Kerala Act No. 21 of 1987. The amendments made by sub-section (1) shall be, and shall be deemed to have been, in force for the period commencing from the 2nd day of December, 1974 and ending with the 18th day of December, 1978. PUNJAB ■ Sub-section (1A) After sub-section (1), insert following sub-section : “(1A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class in respect to particular cases or to particular classes of cases or in regard to cases generally, in any local area.”—Vide Punjab Act No. 9 of 1978. RAJASTHAN ■ Sub-section (1A) After sub-section (1), insert following sub-section : “(1A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular cases, or to a particular class or particular classes of cases or in regard to cases generally, in any local area.”—Vide Rajasthan Act No. 10 of 1977. UTTAR PRADESH ■ Sub-section (1A) After sub-section (1), insert following sub-section : “(1A) The State Government may likewise establish as many Courts of Judicial Magistrates of the first class and of the second class in respect to particular cases, or to a particular class or particular classes of cases, or in regard to cases generally, in any local area.”—Vide Act No. 16 of 1976.

Subordination of Assistant Sessions Judges (1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction. (2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges. (3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application. COMMENTS Scope of sub-section (3) and transfer of bail applications – Sub-section (3) confers power on the Sessions Judge to make over an urgent application to the Additional or Assistant Sessions Judge or CJM, for disposal under either of the two circumstances, namely, his absence or his “inability to act”. By reason of the use of expression “inability to act”, a Sessions Judge can make over an urgent application for disposal to an Additional Sessions Judge not only when he is physically incapable of acting but also when he is otherwise unable to act due to pressure of other work. The transfer of trial cases by the Sessions Judge to the Additional Sessions Judge is provided in section 194. Section 400 deals with transfer of revision cases, and the transfer of criminal appeals is dealt in section 481. The only provision, therefore, under which a Sessions Judge can make over an application for bail to an Additional Sessions Judge is section 10(3)—Vide T.V. Sarma v. A. Nagakoteshwarrao 1977 Cr. LJ 19.

Court of Session (1) The State Government shall establish a Court of Session for every sessions division. (2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court. (3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session. (4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct. (5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division ; and every such Judge or Magistrate shall have jurisdiction to deal with any such application. (6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify ; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein. Explanation : For the purposes of this Code, “appointment” does not include the first appointment, posting or promotion of a person by the Government to any service, or post in connection with the affairs of the Union or of a State, whereunder any law, such appointment, posting or promotion is required to be made by Government. STATE AMENDMENTS UTTAR PRADESH ■ Section 9(5A) Insert the following sub-section after sub-section (5) : “(5A) In the event of the death, resignation, removal or transfer of the Sessions Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the senior-most among the Additional Sessions Judges and the Assistant Session Judges present at the place, and in their absence the Chief Judicial Magistrate shall without relinquishing his ordinary duties assume charge of the office of the Sessions Judge and continue in charge thereof until the office is resumed by the Sessions Judge or assumed by an officer appointed thereto, and shall subject to the provision of this Code and any rules made by the High Court in this behalf, exercise any of the powers of the Sessions Judge.”—Vide U.P. Act No.1 of 1984. ■ Sub-section (6) Insert following proviso : “Provided that the Court of Session may hold, or the High Court may direct the Court of Session to hold, its sitting in any particular case at any place in the sessions division, where it appears expedient to do so for considerations of internal security or public order, and in such cases, the consent of the prosecution and the accused shall not be necessary.”—Vide Uttar Pradesh Act No. 16 of 1976. WEST BENGAL ■ Section 9(3) Insert the following provisos to sub-section (3) : “Provided that notwithstanding anything to the contrary contained in this Code, an additional Sessions Judge in a sub-division, other than the sub-division, by whatever name called, wherein the headquarters of the Sessions Judge are situated, exercising jurisdiction in a Court of Session, shall have all the powers of the Sessions Judge under this Code, in respect of the cases and proceedings in the Criminal Courts in that sub-division, for the purposes of sub-section (7) of section 116, sections 193 and 194, clause (a) of section 209 and sections 409, 439 and 449 : Provided further that the above powers shall not be in derogation of the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code.”—Vide W.B. Act No. 24 of 1988. COMMENTS Genesis of the provision – In the case of State of Assam v. Ranga Muhammad AIR 1967 SC 903, the Supreme Court has held that all transfers of District Judges (which under article 236 of the Constitution includes Sessions Judges, Additional Sessions Judges, Asstt. Sessions Judges and Chief Presidency Magistrates), must be made only by the High Court and not by the Government. The expression “control over district courts” used in article 235 of the Constitution covers “posting”, “appointment”, “promotion”, etc. The Government’s power under article 233 extends only to the making of the first appointment to the cadre of District Judges. Accordingly, section 9 is in two parts : the first part states that the State Government shall establish a Court of Session for every sessions division and the second part states that the High Court shall appoint a Judge of such court. The other sub-sections also refer to the High Court. Sub-sections (5) and (6) – Provision has been made in sub-section (5) for the disposal of work of a Sessions Judge when the office becomes suddenly vacant (by reason, say, of the transfer or death of the Judge or otherwise). Sub-section (6) provides that a Court of Session will ordinarily hold its sitting at the place or places specified by the High Court. Explanation – The Explanation clarifies the intention that “the provisions relating to the appointment of Sessions Judges and Magistrates are not repugnant to the provisions of the Constitution or any other law relating to the first appointment and posting of a person to the relevant service or post”.

Metropolitan areas (1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code. (2) As from the commencement of this Code, each of the presidency towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area. (3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million. (4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area ; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place. (5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court of Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place. Explanation : In this section, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published. STATE AMENDMENTS DELHI ■ Section 8 – in sub-section (1), for the words “a city or town”, the words “a city or town or part thereof” shall be substituted; w.r.e.f. 1-9-2011 – for sub-section (3), the following sub-section shall be substituted, w.r.e.f. 1-9-2011, namely:— “(3) The State Government may, by notification divide a metropolitan area into two or more such areas or extend or reduce or alter the limits of a metropolitan area: Provided that— (a)   the division of metropolitan area shall not be so made as to result in the population of any of the areas into which it has been divided being less than one million; and (b)   the reduction or alteration of metropolitan area shall not be so made as to reduce the population of such area to less than one million.”; – after sub-section (4), the following sub-section shall be inserted w.r.e.f. 1-9-2011, namely:— “(4A) Where any metropolitan area is divided under sub-section (3), the High Court may issue such directions as it deems fit with respect to the disposal of the proceedings pending immediately before such division before any Magistrate or court having jurisdiction in respect of such area.”—Vide Delhi Act No. 9 of 2011.