Code
(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 AMENDMENT
Uttar Pradesh
In section 16 of the said Code, after sub-section (3), the following sub-section shall be inserted, namely :—
“(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 Magistrate and other Metropolitan Magistrate present at the place, shall dispose of the urgent work of the Chief Metropolitan Magistrate.”
[Vide Uttar Pradesh Act 1 of 1984, s. 4]
Explain it
This section empowers the State government to establish Courts of Metropolitan Magistrates in metropolitan areas. These courts are presided over by Metropolitan Magistrates, who are judicial officers appointed by the State government.
The jurisdiction of these courts includes:
- Trying certain offenses specified in the CrPC, subject to the limits of punishment prescribed for those offenses.
- Exercising powers conferred on them under other laws.
The State government can also specify the territorial jurisdiction of these courts within the metropolitan area.
Illustrate it: CrPC Section 16
For instance, a metropolitan magistrate in Delhi could handle cases like theft, assault, or cheating, where the maximum punishment prescribed is less than 7 years of imprisonment. The magistrate would also have powers to issue warrants for arrest, conduct inquiries, and grant bail in specific cases.
Common Questions and Answers
Q: What is the difference between a Metropolitan Magistrate and a Magistrate?
A: A Metropolitan Magistrate is a specific type of Magistrate appointed for metropolitan areas, while the term “Magistrate” is a broader category encompassing different types of judicial officers, including Metropolitan Magistrates.
Q: Can a Metropolitan Magistrate try all types of offenses?
A: No, the jurisdiction of a Metropolitan Magistrate is limited to offenses specified in the CrPC and subject to the limits of punishment prescribed for those offenses. They cannot try cases involving serious offenses like murder or rape.
Q: What are the powers of a Metropolitan Magistrate?
A: They have the power to:
- Try certain offenses
- Issue warrants for arrest
- Conduct inquiries
- Grant bail
- Pass sentences within the prescribed limits
