Chapter II
Section 18 CrPC: Special Metropolitan Magistrates
New Law Update (2024)
Section 18 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) The High Court may, if requested by any 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 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.
(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.
Important Sub-Sections Explained
Section 18(1)
This crucial sub-section empowers the High Court to appoint individuals holding or having held government posts as Special Metropolitan Magistrates, upon request from the Central or State Government, to handle specific types of cases within metropolitan areas, provided they meet specified legal qualifications.
Section 18(3)
This sub-section expands the jurisdiction of Special Metropolitan Magistrates, allowing them to exercise the powers of a Judicial Magistrate of the first class in local areas situated outside the designated metropolitan areas, as directed by the High Court or State Government.