CrPC Section 16: Courts of Metropolitan Magistrates – Complete Guide
1. State the Code
Section 16 of the Code of Criminal Procedure, 1973 deals with the constitution and jurisdiction of Metropolitan Magistrates.
2. 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.
3. Illustrate it
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.
4. 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
