Chief Metropolitan Magistrates: CrPC 17 Omitted in BNSS

What Happened to CrPC 17?

Section 17 of the Code of Criminal Procedure, 1973 required the High Court to appoint a Metropolitan Magistrate as the Chief Metropolitan Magistrate for every metropolitan area within its local jurisdiction, and permitted it to appoint any Metropolitan Magistrate as an Additional Chief Metropolitan Magistrate. The official comparison tables for the Bharatiya Nagarik Suraksha Sanhita, 2023 list no section for Section 17 CrPC, and the Sanhita has no section in its place.

CrPC 17 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 17 CrPC (Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate).

What CrPC 17 Means in Practice

From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 contains no section in place of Section 17 of the Code of Criminal Procedure, 1973. As a result, the Sanhita imposes no duty on a High Court to appoint a Chief Metropolitan Magistrate for a metropolitan area and gives no power to appoint an Additional Chief Metropolitan Magistrate or direct the exercise of such powers.

FAQs: CrPC 17

Does the Bharatiya Nagarik Suraksha Sanhita, 2023 have an equivalent to Section 17 of the Code of Criminal Procedure, 1973?▼

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 17 CrPC. When the Sanhita replaced the Code from 1 July 2024, no provision was enacted in place of Section 17 CrPC for the appointment of a Chief Metropolitan Magistrate or an Additional Chief Metropolitan Magistrate by the High Court.

Can a High Court appoint a Chief Metropolitan Magistrate or an Additional Chief Metropolitan Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 gives no such power and imposes no such duty. Under Section 17 of the Code of Criminal Procedure, 1973, the High Court had to appoint a Chief Metropolitan Magistrate for every metropolitan area within its local jurisdiction and could appoint an Additional Chief Metropolitan Magistrate, but the Sanhita has no section in place of Section 17 CrPC.