CrPC 13→BNSS 11

CrPC 13 to BNSS 11: Special Judicial Magistrates

Section 13 CrPC (1973) replaced by Section 11 BNSS (2023)

View CrPC Section 13 →View BNSS Section 11 →

CrPC 13 to BNSS 11 at a Glance

Section 13 CrPC (Special Judicial Magistrates) is now Section 11 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 13 to BNSS 11?

Section 13 of the Code of Criminal Procedure, 1973 became Section 11 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Renumbering the provision and replacing the word Code with Sanhita in Section 11(1) BNSS are changes of form. Section 11(1) BNSS removes the exclusion for a metropolitan area so that powers can be conferred in any local area, and Section 11 BNSS deletes the power in Section 13(3) CrPC to empower a Special Judicial Magistrate to exercise Metropolitan Magistrate powers for an outside metropolitan area. The remaining rules and the proviso are unchanged.

CrPC 13 vs BNSS 11: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section1311
HeadingSpecial Judicial MagistratesSame
Sub-sections3 sub-sections2 sub-sections

CrPC 13 and BNSS 11: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 13, CrPC 1973

13. Special Judicial 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 Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area: 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 Judicial 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 may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.
BNSS 2023 (in force)

Section 11, BNSS 2023

11. Special Judicial 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 Sanhita on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area: 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 Judicial 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.

When It Applies: CrPC 13 vs BNSS 11

Under CrPC 13
  1. The High Court may act under Section 13(1) CrPC to confer Magisterial powers only when the Central Government or the State Government requests it to do so.
  2. A current or former holder of a Government post may be given all or any of the powers that the Code confers or makes conferrable on a Judicial Magistrate of the first class or of the second class.
  3. The powers conferred under Section 13(1) CrPC apply to specific cases or specific categories of cases within any local area that is not a metropolitan area.
  4. Under the proviso to Section 13(1) CrPC, no such power shall be conferred on a person unless the person possesses the qualification or experience in relation to legal affairs that the High Court specifies by rules.
  5. Magistrates appointed under Section 13(2) CrPC shall be designated as Special Judicial Magistrates and shall be appointed as the High Court may direct by a general or special order.
  6. The High Court may under Section 13(3) CrPC authorise a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate for any metropolitan area that lies outside his local jurisdiction.
Under BNSS 11
  1. The High Court may act under Section 11(1) BNSS to confer Magisterial powers only when the Central Government or the State Government requests it to do so.
  2. A person who holds or has held a post under the Government may be given all or any of the powers conferred or conferrable by or under the Sanhita on a Judicial Magistrate of the first class or of the second class.
  3. Powers conferred under Section 11(1) BNSS apply in respect to particular cases or particular classes of cases in any local area.
  4. Under the proviso to Section 11(1) BNSS, no such power shall be conferred on a person unless the person possesses the qualification or experience in relation to legal affairs that the High Court specifies by rules.
  5. Magistrates appointed under Section 11(2) BNSS shall be called Special Judicial Magistrates and shall be appointed as the High Court directs by a general or special order.

Time Limits: CrPC 13 to BNSS 11

Under CrPC 13
  • A Special Judicial Magistrate under Section 13(2) CrPC shall be appointed for a term not exceeding one year at a time, as directed by the High Court by general or special order.Act text: “shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.”
Under BNSS 11
  • A Special Judicial Magistrate under Section 11(2) BNSS shall be appointed for a term not exceeding one year at a time, as the High Court may direct by general or special order.Act text: “shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.”

What CrPC 13 to BNSS 11 Means in Practice

From 1 July 2024, the provision on Special Judicial Magistrates is found in Section 11 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 13 of the Code of Criminal Procedure, 1973. Section 11(1) BNSS allows powers to be conferred in any local area, without the words excluding a metropolitan area, and Section 11 BNSS has no counterpart to Section 13(3) CrPC on Metropolitan Magistrate powers. The request, the proviso and the term of not more than one year at a time are the same.

FAQs: CrPC 13 to BNSS 11

What is the main difference between Section 13 CrPC and Section 11 BNSS?▼

Section 13(1) of the Code of Criminal Procedure, 1973 allowed the High Court to confer first class or second class Judicial Magistrate powers in any local area not being a metropolitan area, and Section 13(3) CrPC allowed it to empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to a metropolitan area outside the local jurisdiction of that Magistrate. Section 11(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads in any local area, and Section 11 BNSS has no counterpart to Section 13(3) CrPC.

Did the eligibility rules or qualification proviso change between Section 13 CrPC and Section 11 BNSS?▼

No. Under Section 13(1) of the Code of Criminal Procedure, 1973 and Section 11(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the High Court acts if requested by the Central or State Government, the person holds or has held a post under the Government, and under the proviso no power shall be conferred unless the person possesses the qualification or experience in relation to legal affairs specified by High Court rules.

Did the term of appointment of a Special Judicial Magistrate change in Section 11(2) BNSS?▼

No, the rule in Section 13(2) of the Code of Criminal Procedure, 1973 is carried over word for word into Section 11(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under both provisions, such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may direct by general or special order.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·