Section 18 CrPC - Special Metropolitan Magistrates

Section 18 of the Code of Criminal Procedure, 1973 governed the appointment, qualifications, tenure and powers of Special Metropolitan Magistrates. This page explains the provision as it stood under the CrPC before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.

Current legal position: The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the CrPC subject to its saving provisions. The BNSS does not retain a separate provision for Special Metropolitan Magistrates. Its Chapter II instead uses a uniform Judicial Magistrate structure. This article therefore primarily concerns the pre-BNSS CrPC framework and matters preserved by the applicable saving provision.

Meaning and purpose of Section 18 CrPC

A Special Metropolitan Magistrate under Section 18 was a person holding or having held a post under the Government upon whom the High Court could confer all or specified powers of a Metropolitan Magistrate. The power could be conferred only when the Central Government or the State Government requested the High Court to do so, and it could be limited to particular cases or particular classes of cases.

The provision enabled suitably qualified persons with Government service experience and the legal qualifications or experience prescribed by High Court rules to exercise specified magisterial powers for a limited period.

Text of Section 18 of the Code of Criminal Procedure, 1973

18. Special Metropolitan 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 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.

Essential requirements under Section 18

Authority	The High Court conferred the powers of a Metropolitan Magistrate after a request by the Central Government or State Government.
Eligible person	A person who held or had held a post under the Government.
Legal qualification	The person had to possess the qualification or experience in legal affairs specified by rules made by the High Court.
Scope of powers	The High Court could confer all or any powers of a Metropolitan Magistrate for particular cases or particular classes of cases.
Area	The appointment operated in a metropolitan area within the local jurisdiction of the High Court, subject to the additional power contemplated by sub-section (3).
Tenure	The term could not exceed one year at a time under the central CrPC text, subject to applicable State amendments.

Explanation of sub-section (1)

Sub-section (1) contained the basic enabling power. It did not itself appoint every eligible Government officer as a Magistrate. A request from the Central or State Government was required, and the High Court then decided whether to confer all or selected Metropolitan Magistrate powers. The jurisdiction could be confined to specified cases or classes of cases.

The proviso imposed an additional safeguard: the person had to possess the legal qualifications or experience prescribed by the High Court through rules. Government service alone was therefore not sufficient.

Explanation of sub-section (2): tenure

A person appointed under the provision was designated a Special Metropolitan Magistrate. Under the central text of the CrPC, the appointment could be made for a term not exceeding one year at a time, as directed by a general or special order of the High Court.

State amendments may alter the operation of the provision within a particular State. The applicable State amendment and High Court rules should therefore be checked for historical matters.

Explanation of sub-section (3): powers outside metropolitan area

Sub-section (3) permitted the High Court or the State Government, as the case may be, to empower a Special Metropolitan Magistrate to exercise the powers of a Judicial Magistrate of the first class in a local area outside the metropolitan area. This extended the possible functional reach of a Special Metropolitan Magistrate when the statutory authority specifically conferred such power.

1978 amendment to Section 18

The Code of Criminal Procedure (Amendment) Act, 1978 omitted the words "or to cases generally" from sub-section (1) with effect from 18 December 1978. The same amending Act substituted sub-section (3). The consolidated statutory text should be read with these amendment notes when examining older orders or appointments.

Position after commencement of BNSS

The BNSS came into force on 1 July 2024. In the new scheme, the separate CrPC provisions dealing with metropolitan areas and Metropolitan Magistrates, including CrPC Sections 16 to 19, were not reproduced as separate BNSS sections. BNSS Section 11 deals with Special Judicial Magistrates, while the distinct office of Special Metropolitan Magistrate under CrPC Section 18 was omitted from the new structure.

Practical point: For proceedings, appointments or legal events arising under the earlier CrPC regime, Section 18 may remain relevant subject to the repeal and savings provisions. For matters governed by the BNSS after its commencement, the applicable BNSS provisions and current High Court rules should be examined rather than treating CrPC Section 18 as a presently operative standalone appointment provision.

Related CrPC provisions

Section 18 formed part of Chapter II of the CrPC dealing with the constitution of criminal courts and offices. It should be read in its statutory context with Section 16 - Courts of Metropolitan Magistrates, Section 17 - Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate and Section 19 - Subordination of Metropolitan Magistrates.

Official legal references

This page is an informational explanation of the statutory provision. For a pending case, verify the applicable text, State amendments, High Court rules and saving provisions relevant to the date and jurisdiction concerned.