Section 13 CrPC: Special Judicial Magistrates
Code of Criminal Procedure, 1973
Section 13 CrPC at a Glance
Section 13 CrPC deals with special Judicial Magistrates. From 1 July 2024 it is replaced by Section 11 BNSS.
What Section 13 CrPC Says
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.
Source: Section 13, Code of Criminal Procedure, 1973
Section 13 CrPC in Simple Words
Section 13 of the Code of Criminal Procedure, 1973 deals with Special Judicial Magistrates. If the Central or State Government requests it, the High Court may confer powers on a person who holds or has held a post under the Government. The powers are all or any of those that the Code confers or can confer on a Judicial Magistrate of the first class or of the second class.
They are for particular cases or classes of cases, in a local area that is not a metropolitan area. The proviso says that no such power shall be conferred unless the person has the qualification or experience in legal affairs that the High Court specifies by rules. Such Magistrates are called Special Judicial Magistrates and are appointed for a term not exceeding one year at a time.
The High Court directs the term by a general or special order. The High Court may also empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in any metropolitan area outside the local jurisdiction of that Magistrate.
When Section 13 CrPC Applies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Time Limits Under Section 13 CrPC
- 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.”
Example of Section 13 CrPC
When Section 13 CrPC Does Not Apply
- Section 13(1) CrPC does not authorise the High Court to confer powers where the Central Government or the State Government has not requested it to do so.
- Powers under Section 13(1) CrPC cannot be conferred upon a person who neither holds nor has held any post under the Government.
- Under the proviso to Section 13(1) CrPC, no power shall be conferred on a person who does not possess the qualification or experience in relation to legal affairs specified by the High Court by rules.
- Conferral of first class or second class Judicial Magistrate powers under Section 13(1) CrPC does not apply to a local area that is a metropolitan area.
Section 13 CrPC Under BNSS 11: What Changed
Section 13 CrPC is now covered under Section 11 BNSS.
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.
View detailed comparison (CrPC 13 vs BNSS 11) →FAQs on Section 13 CrPC
Who is eligible to be appointed as a Special Judicial Magistrate under Section 13 CrPC?▼
Under Section 13(1) of the Code of Criminal Procedure, 1973, powers may be conferred on a person who holds or has held a post under the Government, if the Central or State Government requests the High Court to do so. Under the proviso to Section 13(1) CrPC, no such power shall be conferred unless the person possesses the qualification or experience in relation to legal affairs that the High Court may specify by rules.
What powers and term of office apply to a Special Judicial Magistrate under Section 13 CrPC?▼
The High Court may confer under Section 13(1) of the Code of Criminal Procedure, 1973 all or any of the powers conferred or conferrable by or under the Code on a first class or second class Judicial Magistrate for particular cases or particular classes of cases. Under Section 13(2) CrPC, the appointment shall be for a term not exceeding one year at a time, as directed by general or special order.
Can a Special Judicial Magistrate exercise powers in a metropolitan area under Section 13 CrPC?▼
First class or second class Judicial Magistrate powers under Section 13(1) of the Code of Criminal Procedure, 1973 may be conferred only in a local area that is not a metropolitan area. However, Section 13(3) CrPC allows the High Court to empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.
Where is Section 13 CrPC found from 1 July 2024?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 13 CrPC is found in Section 11 BNSS. Section 13(1) CrPC, with its proviso, maps to Section 11(1) BNSS, and Section 13(2) CrPC maps to Section 11(2) BNSS. Section 13(3) CrPC, on the powers of a Metropolitan Magistrate, has no counterpart in Section 11 BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·