Code:
(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 conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases 1* * * , 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.
2[(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 AMENDMENT
Andhra Pradesh and Telangana.–
Amendment of section 18.– In section 18 of the Principal Act, in sub-section (2) for the words “not exceeding one year at a time, “the words “not exceeding two 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”.
[Vide the Andhra Pradesh Act 2 of 1992, s. 3]
Maharashtra
Amendment of section 18 of Act 2 of 1974.–In section 18 of the said Code, in sub-section (1), for the words “in any metropolitan area” the words “in one or more metropolitan areas” shall be substituted.
[Vide Maharashtra Act 23 of 1976, s. 3]
Explanation:
Section 18 of the CrPC deals with the powers and jurisdiction of Special Metropolitan Magistrates (SMMs). These magistrates are appointed specifically for metropolitan areas to handle a large volume of criminal cases and to ensure efficient administration of justice.
Key Powers & Jurisdiction:
- Cognizance of Offences: SMMs have the power to take cognizance of offenses under the Indian Penal Code (IPC) and other laws, subject to certain limitations.
- Trial of Offences: SMMs can try offenses punishable with imprisonment for a term not exceeding seven years, including offenses under the Motor Vehicles Act, 1988.
- Issuance of Warrants: SMMs can issue warrants for the arrest of accused persons, including bailable warrants.
- Inquiry & Trial: SMMs can conduct inquiries and trials in relation to the offenses within their jurisdiction.
- Imposition of Sentences: SMMs have the power to impose sentences for offenses within their jurisdiction, subject to the maximum sentence prescribed by law.
- Other Powers: SMMs also possess other powers, such as the power to grant bail, order the release of accused persons on probation, and issue summons for witnesses.
Illustration:
Consider a case where a person is accused of driving under the influence of alcohol in Delhi. This would be an offense under the Motor Vehicles Act, 1988. A Special Metropolitan Magistrate in Delhi would have the jurisdiction to try this case, including the power to issue warrants, conduct an inquiry, and impose a sentence on the accused person.
Common Questions & Answers:
Q: What are the limitations on the jurisdiction of SMMs?
A: SMMs cannot try offenses that are punishable with death or life imprisonment. They also cannot try certain specific offenses listed in the CrPC.
Q: How are SMMs appointed?
A: SMMs are appointed by the State Government after consultation with the High Court.
Q: What is the difference between a Metropolitan Magistrate and a Special Metropolitan Magistrate?
A: While both are appointed for metropolitan areas, SMMs have specific powers and jurisdiction defined by the CrPC, whereas Metropolitan Magistrates have broader jurisdiction.
