Courts of Metropolitan Magistrates: CrPC 16 Omitted in BNSS

What Happened to CrPC 16?

Until 30 June 2024, Section 16 of the Code of Criminal Procedure, 1973 provided for establishing Courts of Metropolitan Magistrates in every metropolitan area by State Government notification after consultation with the High Court, appointing their presiding officers by the High Court, and extending their jurisdiction and powers throughout the metropolitan area. The official comparison tables list no section in the Bharatiya Nagarik Suraksha Sanhita, 2023 for Section 16 CrPC, and the Sanhita has no section in its place.

CrPC 16 Has No Corresponding BNSS Section

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024. The official comparison tables list no section of the Sanhita for Section 16 CrPC (Courts of Metropolitan Magistrates).

What CrPC 16 Means in Practice

From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 has no section in place of Section 16 of the Code of Criminal Procedure, 1973. The Sanhita therefore gives no power or duty to establish Courts of Metropolitan Magistrates by notification after consultation with the High Court, to appoint presiding officers for such courts, or to extend the jurisdiction and powers of a Metropolitan Magistrate throughout a metropolitan area.

FAQs: CrPC 16

Does the Bharatiya Nagarik Suraksha Sanhita, 2023 have a corresponding section for Section 16 CrPC?▼

No. The official comparison tables between the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023 list no BNSS section corresponding to Section 16 CrPC. Until 30 June 2024, Section 16 CrPC governed the establishment of Courts of Metropolitan Magistrates in every metropolitan area, the appointment of their presiding officers by the High Court, and their jurisdiction throughout the metropolitan area. From 1 July 2024, the Sanhita has no section in place of Section 16 CrPC.

Does the BNSS give the State Government and High Court the powers that existed under Section 16 CrPC?▼

No. Under Section 16 CrPC as it stood until 30 June 2024, Courts of Metropolitan Magistrates shall be established in every metropolitan area in such numbers and at such places as the State Government may by notification specify after consultation with the High Court, and the High Court shall appoint their presiding officers. From 1 July 2024, the Sanhita has no section in place of Section 16 CrPC and gives no such power or duty.