Section 16 CrPC: Courts of Metropolitan Magistrates

Section 16 of the Code of Criminal Procedure, 1973 formed part of Chapter II dealing with the constitution of criminal courts and offices. It prescribed how Courts of Metropolitan Magistrates were to be established, who appointed their presiding officers, and the territorial extent of their jurisdiction.

Pre-BNSS law: This article explains Section 16 CrPC as it applied before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. It is retained as a reference for proceedings, legal research and situations governed by the earlier Code and applicable saving provisions.

Text of Section 16 of the Code of Criminal Procedure, 1973

16. Courts of Metropolitan Magistrates.

(1) In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.

(2) The presiding officers of such Courts shall be appointed by the High Court.

(3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.

Meaning and scope of Section 16 CrPC

Section 16 created the statutory framework for Metropolitan Magistrate courts in a metropolitan area under the CrPC. The provision distributed responsibility between the State Government and the High Court while preserving judicial control over the appointment of the presiding officers.

1. Establishment of Metropolitan Magistrate courts

Under Section 16(1), the State Government could specify, by notification, the number and locations of Courts of Metropolitan Magistrates required in a metropolitan area. This power was exercisable after consultation with the High Court.

2. Appointment by the High Court

Section 16(2) provided that the presiding officers of these courts were appointed by the High Court. The provision therefore distinguished the governmental act of establishing and locating the courts from the judicial act of appointing the officers who presided over them.

3. Jurisdiction throughout the metropolitan area

Section 16(3) stated that the jurisdiction and powers of every Metropolitan Magistrate extended throughout the metropolitan area. The provision dealt with the territorial reach of the Magistrate within that metropolitan area, subject to the other provisions of the Code governing allocation, transfer and exercise of judicial business.

What was a metropolitan area under the CrPC?

Section 8 CrPC governed metropolitan areas. In general, it empowered the State Government, by notification, to declare a qualifying city or town to be a metropolitan area for the purposes of the Code. Section 16 operated once an area had the legal status of a metropolitan area under the CrPC.

For the statutory background, see Section 8 CrPC - Metropolitan areas.

Relationship with other provisions of Chapter II

Section 6 CrPC classified Metropolitan Magistrates as a class of criminal court in metropolitan areas.
Section 17 CrPC dealt with the Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.
Section 18 CrPC dealt with Special Metropolitan Magistrates.
Section 19 CrPC governed the subordination of Metropolitan Magistrates.

Legal effect before implementation of BNSS

Before 1 July 2024, Section 16 was the central CrPC provision governing the constitution of Courts of Metropolitan Magistrates. For matters arising under the former Code, the exact effect of the transition to the BNSS depends on the applicable commencement and saving provisions and on the procedural stage of the particular proceeding.

Practical point: When citing Section 16 in an older criminal proceeding, identify the relevant date and verify whether the matter continues under the CrPC by reason of the applicable saving provision. For post-1 July 2024 procedure, the BNSS should be examined separately.

Key points at a glance

Section 16 applied to Courts of Metropolitan Magistrates under the CrPC.
The State Government specified the number and places of such courts after consultation with the High Court.
The High Court appointed the presiding officers.
A Metropolitan Magistrate's jurisdiction and powers extended throughout the metropolitan area.
The provision should now be read in its pre-BNSS historical and transitional context.

This page explains the position under the Code of Criminal Procedure, 1973 before implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023. Always verify the law applicable to the date and proceeding concerned.