Section 8 CrPC - Metropolitan Areas
Section 8 of the Code of Criminal Procedure, 1973 dealt with the declaration, alteration and cessation of metropolitan areas for the purposes of the CrPC. The provision prescribed a population threshold of more than one million and empowered the State Government to act through notification.
What was Section 8 CrPC?
Section 8 formed part of Chapter II of the Code of Criminal Procedure, 1973, dealing with the constitution of Criminal Courts and offices. It established the statutory mechanism by which qualifying urban areas could be treated as metropolitan areas for the purposes of the Code.
The classification was significant because the CrPC separately recognised Metropolitan Magistrates and made specific provisions concerning criminal courts and magistracy in metropolitan areas.
Section 8 of the Code of Criminal Procedure, 1973
The State Government may, by notification, declare that, from the date specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of the Code.
From the commencement of the Code, the Presidency-towns of Bombay, Calcutta and Madras and the city of Ahmedabad were deemed to have been declared metropolitan areas under Section 8(1).
The State Government may, by notification, extend, reduce or otherwise alter the limits of a metropolitan area. However, a reduction or alteration could not be made in a manner that reduced the population of the metropolitan area below one million.
If the population of an area already declared or deemed to be a metropolitan area falls below one million, the State Government may specify by notification the date from which the area will cease to be a metropolitan area.
The cessation did not disturb an inquiry, trial or appeal already pending before a Court or Magistrate immediately before the cessation. Such proceedings continued under the CrPC as though the area had not ceased to be a metropolitan area.
A reduction or alteration of the limits of a metropolitan area under Section 8(3) did not affect an inquiry, trial or appeal already pending before a Court or Magistrate immediately before that change.
Every such proceeding continued to be dealt with under the Code as if the reduction or alteration had not taken place.
Meaning of Population under Section 8 CrPC
The Explanation to Section 8 provided that the expression "population" meant the population as ascertained at the last preceding census for which the relevant figures had been published.
Therefore, the statutory population test was not based on an unofficial estimate or projected population. The relevant benchmark was the last preceding census whose relevant figures had been published.
Key Features of Section 8 CrPC
- A metropolitan area could be declared by the State Government through notification.
- The relevant city or town had to have a population exceeding one million.
- Bombay, Calcutta, Madras and Ahmedabad were deemed metropolitan areas at the commencement of the Code.
- The State Government could extend, reduce or alter the limits of a metropolitan area.
- The population could not be reduced below the statutory one-million threshold through alteration of the metropolitan limits.
- An area whose population subsequently fell below one million could cease to be a metropolitan area through notification.
- Pending inquiries, trials and appeals were protected when metropolitan status ceased or territorial limits were altered.
- Published figures of the last preceding census determined population for Section 8.
Delhi State Amendment to Section 8 CrPC
Section 8 was modified in its application to the National Capital Territory of Delhi by the Delhi amendment. The amendment adapted the provision to permit greater flexibility in the organisation of metropolitan areas within Delhi.
Section 8(1) - Delhi modification
In Section 8(1), the words "a city or town" were substituted by "a city or town or part thereof".
Substituted Section 8(3)
Under the Delhi amendment, the State Government may, by notification, divide a metropolitan area into two or more such areas, or extend, reduce or alter the limits of a metropolitan area.
The division cannot result in the population of any of the resulting metropolitan areas being less than one million. Likewise, a reduction or alteration cannot reduce the population of a metropolitan area below one million.
Section 8(4-A) - Proceedings after division
The Delhi amendment inserted sub-section (4-A). Where a metropolitan area is divided under sub-section (3), the High Court may issue such directions as it considers appropriate regarding disposal of proceedings pending immediately before the division before a Magistrate or Court having jurisdiction in respect of that area.
Source of amendment: Delhi Act 9 of 2011, Section 2.
Why Section 8 CrPC Was Important
Section 8 was not merely a geographical classification provision. Metropolitan status affected the institutional structure contemplated by the CrPC. For example, Section 6 recognised Metropolitan Magistrates as a class of Criminal Court in metropolitan areas, while Sections 16 to 19 contained provisions specifically concerning Metropolitan Magistrates.
Section 7 also provided that every metropolitan area would constitute a separate sessions division and district for the purposes of the Code. Section 8 therefore operated as an important link between territorial classification and the organisation of criminal courts.
CrPC and BNSS Position
The Code of Criminal Procedure, 1973 was the principal procedural criminal law considered on this page for the period before the implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023. The BNSS came into force on 1 July 2024.
Accordingly, Section 8 CrPC remains important when researching the legal framework applicable to proceedings, notifications, territorial arrangements and other matters governed by the earlier Code.
Related CrPC Provisions
For the surrounding statutory scheme, see Section 6 CrPC - Classes of Criminal Courts, Section 7 CrPC - Territorial Divisions, Section 9 CrPC - Court of Session and Section 16 CrPC - Courts of Metropolitan Magistrates.