Section 19 CrPC: Subordination of Metropolitan Magistrates

Section 19 of the Code of Criminal Procedure, 1973 (CrPC) prescribed the administrative hierarchy and subordination of Metropolitan Magistrates. This page explains the provision as it stood immediately before the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force.

Legal status: The BNSS came into force on 1 July 2024. Accordingly, this article preserves and explains the CrPC position applicable before that commencement, subject to the savings and transitional provisions governing pending matters.

Section 19 of the Code of Criminal Procedure, 1973

(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.

(2) The High Court may, for the purposes of this Code, define the extent of the subordination, if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.

(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate.

Meaning and scope of Section 19 CrPC

Section 19 dealt with subordination, meaning the statutory administrative relationship among the Sessions Judge, Chief Metropolitan Magistrate, Additional Chief Metropolitan Magistrates and other Metropolitan Magistrates for purposes of the CrPC. The provision also addressed the distribution and allocation of judicial business within the metropolitan magistracy.

Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates

Under sub-section (1), the Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate were subordinate to the Sessions Judge. This placed the metropolitan magistracy within the supervisory structure contemplated by the Code.

Other Metropolitan Magistrates

Every other Metropolitan Magistrate was subordinate to the Chief Metropolitan Magistrate, while remaining subject to the general control of the Sessions Judge. The provision therefore created a defined chain of administrative subordination for metropolitan criminal courts.

Power of the High Court under sub-section (2)

Sub-section (2) empowered the High Court to define, for the purposes of the CrPC, the extent to which an Additional Chief Metropolitan Magistrate would be subordinate to the Chief Metropolitan Magistrate. This enabled the High Court to regulate the internal administrative relationship according to the requirements of the metropolitan court system.

Distribution and allocation of business under sub-section (3)

The Chief Metropolitan Magistrate could make rules or issue special orders, consistent with the CrPC, concerning the distribution of business among Metropolitan Magistrates and the allocation of business to an Additional Chief Metropolitan Magistrate. The qualifying words "consistent with this Code" meant that such administrative arrangements had to remain within the statutory framework of the CrPC.

Practical effect of Section 19 CrPC

The Sessions Judge exercised the general supervisory position stated in Section 19 over the metropolitan magistracy.
The Chief Metropolitan Magistrate occupied the immediate administrative position above ordinary Metropolitan Magistrates.
The High Court could define the extent of an Additional Chief Metropolitan Magistrate's subordination to the Chief Metropolitan Magistrate.
The Chief Metropolitan Magistrate could distribute and allocate court business by rules or special orders consistent with the CrPC.

Position after commencement of BNSS

The BNSS reorganised the provisions concerning the constitution of criminal courts. Its Chapter II lists Courts of Judicial Magistrates and related provisions without reproducing the former CrPC scheme of Sections 16 to 19 dealing separately with Courts of Metropolitan Magistrates, Chief Metropolitan Magistrates, Special Metropolitan Magistrates and their subordination. For matters governed by the law in force before 1 July 2024, the CrPC provision may still be relevant depending on the applicable saving or transitional rule.

Related provisions

For the surrounding CrPC framework, see Section 16 - Courts of Metropolitan Magistrates, Section 17 - Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate, Section 18 - Special Metropolitan Magistrates and Section 20 - Executive Magistrates.

Official legal resources

India Code - Code of Criminal Procedure, 1973 India Code - Bharatiya Nagarik Suraksha Sanhita, 2023

This page is intended for legal information and historical reference to the CrPC position before commencement of the BNSS.