Section 17 CrPC: Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
Code of Criminal Procedure, 1973
Section 17 CrPC at a Glance
Section 17 CrPC dealt with chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate. It has no corresponding section in the BNSS, which replaced the CrPC from 1 July 2024.
What Section 17 CrPC Says
17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
(1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.
(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.
Source: Section 17, Code of Criminal Procedure, 1973
Section 17 CrPC in Simple Words
Section 17 of the Code of Criminal Procedure, 1973 governed how the High Court appointed a Chief Metropolitan Magistrate and any Additional Chief Metropolitan Magistrate for a metropolitan area.
For every metropolitan area within its local jurisdiction, the High Court had to appoint a Metropolitan Magistrate as the Chief Metropolitan Magistrate.
The High Court could also appoint any Metropolitan Magistrate as an Additional Chief Metropolitan Magistrate, who then exercised all or any of the powers of a Chief Metropolitan Magistrate under the Code or any other law for the time being in force as the High Court directed.
When Section 17 CrPC Applies
- For every metropolitan area within its local jurisdiction, the High Court shall appoint a Metropolitan Magistrate to serve as the Chief Metropolitan Magistrate under Section 17(1) CrPC, as provided in the Code of Criminal Procedure, 1973.
- The High Court may also appoint any Metropolitan Magistrate to serve as an Additional Chief Metropolitan Magistrate under Section 17(2) CrPC.
- An Additional Chief Metropolitan Magistrate shall exercise all or any of the powers of a Chief Metropolitan Magistrate under the Code or under any other law for the time being in force, to the extent that the High Court may direct.
Example of Section 17 CrPC
When Section 17 CrPC Does Not Apply
- Under the Code of Criminal Procedure, 1973, Section 17(1) CrPC does not apply to an area that is not a metropolitan area within the local jurisdiction of the High Court.
- A person who is not a Metropolitan Magistrate cannot be appointed as a Chief Metropolitan Magistrate or an Additional Chief Metropolitan Magistrate under Section 17 CrPC.
- Under Section 17(2) CrPC, an Additional Chief Metropolitan Magistrate does not have any power of a Chief Metropolitan Magistrate beyond what the High Court may direct.
No Corresponding BNSS Section
Section 17 CrPC has no counterpart in the Bharatiya Nagarik Suraksha Sanhita, 2023.
FAQs on Section 17 CrPC
Who appointed the Chief Metropolitan Magistrate under Section 17 of the Code of Criminal Procedure, 1973?▼
The High Court appointed the Chief Metropolitan Magistrate under the Code of Criminal Procedure, 1973, specifically Section 17(1) CrPC. In relation to every metropolitan area within its local jurisdiction, the High Court had a mandatory duty, expressed by the word shall, to appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for that metropolitan area. Only a Metropolitan Magistrate could be appointed to that office under the Code.
Was the High Court required to appoint an Additional Chief Metropolitan Magistrate under Section 17 CrPC?▼
No, the appointment of an Additional Chief Metropolitan Magistrate was discretionary under the Code of Criminal Procedure, 1973. While Section 17(1) CrPC stated that the High Court shall appoint a Chief Metropolitan Magistrate for every metropolitan area within its local jurisdiction, Section 17(2) CrPC stated that the High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate. The word may gave the High Court a power, not a duty.
What powers did an Additional Chief Metropolitan Magistrate have under Section 17(2) CrPC?▼
An Additional Chief Metropolitan Magistrate had all or any of the powers of a Chief Metropolitan Magistrate under the Code of Criminal Procedure, 1973 or under any other law for the time being in force, as the High Court directed. Section 17(2) CrPC let the High Court decide the scope of those powers, so the Additional Chief Metropolitan Magistrate exercised all or any of those powers as the High Court may direct.
Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 17 CrPC?▼
No section of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 17 of the Code of Criminal Procedure, 1973. The Code stood in force until 30 June 2024 and was replaced by the Sanhita from 1 July 2024. The official comparison tables between the Code and the Sanhita list no corresponding section for Section 17 CrPC, and the Sanhita has no section in place of Section 17 CrPC for appointing a Chief Metropolitan Magistrate or an Additional Chief Metropolitan Magistrate.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·