Chapter II

Section 13 CrPC: Special Judicial Magistrates

New Law Update (2024)

Section 14 BNSS

TRIAL COURT

Punishment

Procedural / Administrative

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(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 Judicial Magistrate of the first class or of the second class, in respect to particular cases or to 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.

Important Sub-Sections Explained

Section 13(1)

This sub-section empowers the High Court, upon a request from the Central or State Government, to appoint suitable individuals to serve as Special Judicial Magistrates. These individuals, typically holding or having held government posts, are granted the powers of a Judicial Magistrate of the first or second class for specific cases or classes of cases in non-metropolitan areas, provided they meet the legal qualifications set by the High Court.

Section 13(3)

While Special Judicial Magistrates are generally restricted to non-metropolitan areas, this sub-section allows the High Court to specifically authorize them to exercise the powers of a Metropolitan Magistrate even outside their usual local jurisdiction, extending their reach to metropolitan areas when deemed necessary.

Landmark Judgements

Draft Format / Application

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