Law and You >Procedural Laws > CrPC > Court of Metropolitan Magistrate
The provisions related to subordinate courts are provided in the 6th part of the Indian Constitution. Articles 233-237 deal with the subordinate courts. District courts are under administrative and judicial control of the High Court of the State to which the district concerned belongs. They form the third level from the top in the hierarchy of Indian Courts. They are courts of the State governments in India for every district or for one or more districts together taking into account the number of cases, population distribution in the district. They administer justice in India at a district level. The district court is also a court of Sessions when it exercises its jurisdiction on criminal matters under the Code of Criminal procedure, 1973. A Civil Court deals with disputes related to civil law, whereas a Sessions Court usually deals with criminal cases. In this article, we shall discuss Court of Metropolitan Magistrate.
The term criminal court is not defined in the court but the code of criminal procedure, Act 25 of 1861 defined it as denoting every judge or magistrate lawfully exercising jurisdiction in criminal cases whether for the decision of such cases in the first instance or an appeal or for commitment to any other court or officer.
A Criminal Court is a court that has the jurisdiction and authority to try and punish the persons accused of committing a crime as per criminal law. Generally, the government files a case in Criminal Courts against a person who has committed any crime. The reason behind this is that whenever a crime is committed, it is considered an act against a state and not only the victim. It is the paramount duty of the state to protect its citizens. Therefore, the state becomes operative when a crime is committed.
Classes of Criminal Courts in India:
Section 6 CrPC:
Classes of Criminal Courts:
Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:
(i) Courts of Session;
(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.
Criminal courts can be categorized or classified, in the hierarchy, as given below:
- Supreme Court.
- High Court.
- Sessions Court (also called Court of Session).
- Judicial Magistrates of First Class (called Metropolitan Magistrates in metropolitan areas).
- Judicial Magistrates of Second Class.
- Executive Magistrates
Courts of Metropolitan Magistrates:
Metropolitan Area:
According to Section 2(k) of CrPC, “metropolitan area” means the area declared, or deemed to be declared, under section 8, to be a metropolitan area.
Section 8:
Metropolitan Areas:
(1) The State Government may, by notification, declare that, as from such date as may be 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 this Code.
(2) As from the commencement of this Code, each of the Presidency-towns of Bombay , Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area.
(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million.
(4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place.
(5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place.
Explanation: In this section, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published.
Section 16 CrPC:
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.
Section 16(1) CrPC, states that the number of courts of Metropolitan Magistrates to be established in every metropolitan area vests on the state government in consultation with the High Court of the respective state, Section 16(2) CrPC confers powers of appointing presiding officers of such courts on the High Court of the concerned state. Section 16(3) CrPC provides that the courts of the Metropolitan Magistrate will exercise its jurisdiction throughout the metropolitan area.
In Shah Jethalal Lalji vs Khimji M. Bhujpuria, (1974) 76 BOMLR 270 case, the Bombay High Court had observed that the jurisdiction of every Metropolitan Magistrate under Section 16 (3) of the 1973 Code, extends to try an offence which is committed at any place within the territory of the metropolitan area.
Section 17 CrPC:
Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates:
(1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.
(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.
Section 17 CrPC deals with Chief Metropolitan Magistrate and the Additional Chief Metropolitan Magistrate. The High Court is powered with the responsibility of appointing Chief Metropolitan Magistrate and the Additional Chief Metropolitan Magistrate. The Additional Chief Metropolitan Magistrate as provided by Section 17(2) will be empowered with all or any of the powers vested on a Chief Metropolitan Magistrate under the Criminal Procedure Code, 1973 or any other law which is in force as per the High Court’s direction.
Section 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 or to cases generally, 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) Notwithstanding anything contained elsewhere in this Code, a Special Metropolitan Magistrate shall not impose a sentence which a Judicial Magistrate of the second class is not competent to impose outside the Metropolitan area.
Section 18 CrPC lays down the provision for Special Metropolitan Magistrates. The High Court is vested with a discretionary power of appointing any person who has held or is holding a government post and the said power can be regulated by the High Court on request by the Central or the State Government as per requirement. While the Special Metropolitan Magistrate is conferred the same powers as any Metropolitan Magistrate, according to Section 18(2) CrPC, the term of these magistrates is for a period of one year. As per Section 18(3) CrPC, a Special Metropolitan Magistrate can also be empowered with the powers of a first class Judicial Magistrate if the State Government or the High Court deems fit.
Section 19:
Subordination of Metropolitan Magistrates:
(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.
According to Section 19 of CrPC the Sessions Judge shall be superior to the Additional Chief Metropolitan Magistrate and Chief Metropolitan Magistrate and other Metropolitan Magistrates shall be subordinate to the CMM.
Powers of Metropolitan Magistrate:
According to Section 29(4) of CrPC, the Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class. Thus, the Metropolitan Magistrate can punish an accused with imprisonment up to 3 years or/and a fine up to Rs 10000.
Under Section 9(5) CrPC, where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there is no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division and each such Judge or Magistrate shall have jurisdiction to deal with any such application.
Judgment by a Metropolitan Magistrate
Section 355 of the Code of Criminal Procedure, 1973 lays down the provision for a judgment delivered by a Metropolitan Magistrate.
Section 355:
Metropolitan Magistrates Judgment:
Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely:
(a) the serial number of the case;
(b) the date of the commission of the offence;
(c) the name of the complainant (if any);
(d) the name of the accused person, and his parentage and residence;
(e) the offence complained of or proved;
(f) the plea of the accused and his examination (if any);
(g) the final order;
(h) the date of such order;
(I) in all cases in which an appeal lies from the final order either under section 373 or under sub-section (3) of section 374, a brief statement of the reasons for the decision.
This section specifies that the Metropolitan Magistrate does not need to write a detailed decision as required by Section 354 of the Code, but simply needs to record the specifics given out in this Section. Clause I, on the other hand, requires the Metropolitan Magistrate to provide a concise description of the grounds for their judgment in all situations where an appeal is pending.