Section 13 of CrPC : Special Judicial Magistrates

Section 13 of Code of Criminal Procedure 1973 - Special Judicial Magistrates

(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 1 [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.

2 [(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.]

STATE AMENDMENT
Assam
For section 13 of the Code, the following shall be substituted, namely:-

"13. (1) The State Government may appoint as may persons as it thinks fit to be sub divisional Magistrates in any district in the State of Assam.

(2) The State Government, or subject to the control of the State Government, the District Magistrate may place one or more Sub divisional Magistrates in charge of a subdivision".

[Vide Assam Act 13 of 1964, s. 2.]

Himachal Pradesh
Amendment of Section 13.- in Sub-section (1) of section 13 of the Code of Criminal Procedure, 1973 (2 of 1974) in its application to the State of Himachal Pradesh for the words "in any district" the words "in any local area" shall be substituted.

[Vide Himachal Pradesh Act 40 of 1976, s. 2.]

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1. Subs. Act 45 of 1978, s. 4, for certain words (w.e.f. 18-12-1978).

2. Ins. by s. 4, ibid. (w.e.f. 18-12-1978).