Section 17 CrPC: Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate

Section 17 of the Code of Criminal Procedure, 1973 dealt with the appointment of the Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates in metropolitan areas. This page explains the provision as it operated under the CrPC before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.

Historical law note: The CrPC, 1973 was the governing central criminal procedure law before the commencement of the Bharatiya Nagarik Suraksha Sanhita, 2023 on 1 July 2024. Section 17 CrPC remains important for understanding proceedings, appointments and legal references governed by the earlier Code and applicable saving or transitional provisions.

Text and meaning of Section 17 CrPC

Section 17(1) - Chief Metropolitan Magistrate

The High Court was required, for every metropolitan area falling within its local jurisdiction, to appoint a Metropolitan Magistrate as the Chief Metropolitan Magistrate for that metropolitan area.

Section 17(2) - Additional Chief Metropolitan Magistrate

The High Court could appoint any Metropolitan Magistrate as an Additional Chief Metropolitan Magistrate. The Additional Chief Metropolitan Magistrate could exercise all or any powers of the Chief Metropolitan Magistrate under the CrPC or any other law, to the extent directed by the High Court.

What is a Chief Metropolitan Magistrate?

Under the CrPC framework, a Chief Metropolitan Magistrate was the principal Metropolitan Magistrate for a metropolitan area. The office formed part of the judicial magistracy created for metropolitan areas. Section 17 concerned appointment to that office, while related provisions of Chapter II dealt with Metropolitan Magistrate courts, special Metropolitan Magistrates and their subordination.

Role of the High Court under Section 17

Section 17 placed the appointment power in the High Court. Appointment of a Chief Metropolitan Magistrate under sub-section (1) was mandatory for each metropolitan area within the High Court's local jurisdiction. Appointment of an Additional Chief Metropolitan Magistrate under sub-section (2) was discretionary.

The powers of an Additional Chief Metropolitan Magistrate were not automatically identical in every respect to those of the Chief Metropolitan Magistrate. Section 17(2) expressly linked the powers exercisable by the Additional Chief Metropolitan Magistrate to the direction of the High Court.

Related CrPC provisions

Section 17 should be read with Section 16 CrPC on Courts of Metropolitan Magistrates, Section 18 CrPC on Special Metropolitan Magistrates and Section 19 CrPC on subordination of Metropolitan Magistrates.

CrPC and the BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC as the principal central criminal procedure legislation from 1 July 2024. This article is intentionally focused on Section 17 of the CrPC as applicable before implementation of the BNSS. For present-day procedure, readers should consult the applicable BNSS provisions together with relevant commencement, saving and transitional rules.

This page explains the historical CrPC provision for legal information and research. The law applicable to a particular proceeding may depend on its date, procedural stage and applicable saving provisions.