Code
(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 or 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 AMENDMENT
Delhi–
In its application to the National Capital Territory of Delhi, in section 8,–
(a) in sub-section (1), for the words “a city or town”, substitute “a city or town or part thereof–;
(b) for sub-section (3), substitute the following sub-section, 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.”;
(c) after sub-section (4), insert the following sub-section, namely: —
“(4-A) 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 pendings immediately before such division before any Magistrate or court having jurisdiction in respect of such area.”
[Vide Delhi Act 9 of 2011, s. 2.]
Explanation
This section defines a “Metropolitan Area” as an area declared as such by the Central Government in the Official Gazette. This designation is crucial because it impacts various aspects of criminal justice administration. For instance:
- Jurisdiction of courts: Specific courts are established for metropolitan areas, such as Sessions Courts and High Courts, which have jurisdiction over offenses committed within their designated boundaries.
- Police administration: The structure and organization of police forces within metropolitan areas are often different from other areas, with specialized units and divisions established to address the unique challenges of these densely populated regions.
- Special laws and regulations: Some metropolitan areas have specific laws and regulations tailored to their unique needs, such as traffic regulations, building codes, and environmental protection measures.
Illustration
Consider the city of Mumbai, India. It is a declared metropolitan area under Section 8 CrPC. This means that the Sessions Courts and High Courts in Mumbai have jurisdiction over crimes committed within the city limits. Additionally, the Mumbai Police Force has a specialized structure, with divisions dedicated to specific areas and crimes.
Common Questions and Answers
Q: What are the criteria for declaring an area a metropolitan area?
A: There are no specific criteria laid out in the CrPC. The Central Government has the discretion to declare any area as a metropolitan area based on its assessment of factors like population density, economic activity, and infrastructure.
Q: What is the significance of being declared a metropolitan area?
A: It grants the area special status in the context of criminal justice administration. This includes the establishment of specific courts, police structures, and sometimes, the application of unique laws and regulations.
Q: Can an area be de-notified as a metropolitan area?
A: Yes. The Central Government can withdraw its notification declaring an area as a metropolitan area, if it deems necessary.
