Section 16 CrPC: Courts of Metropolitan Magistrates

The State Government decided both the number of Courts of Metropolitan Magistrates and the places where they were established in every metropolitan area under Section 16 of the Code of Criminal Procedure, 1973. The State Government had to consult the High Court first. Section 16(1) CrPC provided that such courts shall be established as the State Government may, after consultation with the High Court, by notification, specify.

The High Court appointed the presiding officers of Courts of Metropolitan Magistrates. Section 16(2) CrPC provided as a mandatory rule that the presiding officers of such courts shall be appointed by the High Court. Although the State Government may specify by notification how many Courts of Metropolitan Magistrates shall be established and at what places after consultation with the High Court under Section 16(1) CrPC, appointing the presiding officers was the duty of the High Court.

The jurisdiction and powers of every Metropolitan Magistrate extended across the whole metropolitan area. Section 16(3) CrPC stated that the jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area. Even when the State Government specified particular places within a metropolitan area for establishing Courts of Metropolitan Magistrates by notification under Section 16(1) CrPC, the authority of each Metropolitan Magistrate under Section 16(3) CrPC covered the entire metropolitan area.

No section of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 16 CrPC. Section 16 CrPC operated until 30 June 2024, and the Code was replaced by the Sanhita from 1 July 2024. The official comparison tables list no BNSS section for Section 16 CrPC, and the Sanhita has no section in its place for establishing Courts of Metropolitan Magistrates, appointing their presiding officers, or defining the territorial extent of their jurisdiction and powers.