Section 18 CrPC: Special Metropolitan Magistrates
Code of Criminal Procedure, 1973
Section 18 CrPC at a Glance
Section 18 CrPC dealt with special Metropolitan Magistrates. It has no corresponding section in the BNSS, which replaced the CrPC from 1 July 2024.
What Section 18 CrPC Says
18. Special Metropolitan 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 Metropolitan Magistrate, in respect to particular cases or to particular classes of cases, in any metropolitan area within its local jurisdiction:
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 Metropolitan 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 or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.
Source: Section 18, Code of Criminal Procedure, 1973
Section 18 CrPC in Simple Words
Section 18 of the Code of Criminal Procedure, 1973 dealt with Special Metropolitan Magistrates. If the Central or State Government made a request, the High Court could give powers to any person who holds or has held a post under the Government. The powers were all or any of those that the Code confers or can confer on a Metropolitan Magistrate. These powers were for particular cases or particular classes of cases in any metropolitan area within the local jurisdiction of the High Court.
A proviso barred this unless the person had the qualification or experience in legal affairs that the High Court specified by rules. Such Magistrates were called Special Metropolitan Magistrates. They were appointed for a term not exceeding one year at a time. The High Court directed the term by a general or special order.
The High Court or the State Government, as the case might be, could empower a Special Metropolitan Magistrate. The Magistrate could then exercise the powers of a Judicial Magistrate of the first class in any local area outside the metropolitan area.
When Section 18 CrPC Applies
- When requested to do so by the Central or State Government, the High Court may give a person who holds or has held any post under the Government all or any of the powers conferred or conferrable by or under the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate, in respect to particular cases or particular classes of cases in any metropolitan area within its local jurisdiction under Section 18(1) CrPC.
- A proviso to Section 18(1) of the Code of Criminal Procedure, 1973 limits this power so that no such power shall be conferred on a person unless he has the qualification or experience in relation to legal affairs that the High Court may specify by rules.
- Magistrates given these powers shall be called Special Metropolitan Magistrates and shall be appointed for a term not exceeding one year at a time as the High Court may direct by general or special order under Section 18(2) of the Code of Criminal Procedure, 1973.
- The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate under Section 18(3) of the Code of Criminal Procedure, 1973 to exercise the powers of a Judicial Magistrate of the first class in any local area outside the metropolitan area.
Time Limits Under Section 18 CrPC
- A Special Metropolitan Magistrate shall be appointed under Section 18(2) of the Code of Criminal Procedure, 1973 for a term not exceeding one year at a time, as the High Court may direct by general or special order.Act text: “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 18 CrPC
When Section 18 CrPC Does Not Apply
- The High Court cannot confer the powers of a Metropolitan Magistrate under Section 18(1) of the Code of Criminal Procedure, 1973 if it has not been requested to do so by the Central or State Government.
- Powers under Section 18(1) of the Code of Criminal Procedure, 1973 cannot be conferred on a person who neither holds nor has held any post under the Government.
- No power under Section 18(1) of the Code of Criminal Procedure, 1973 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.
- A Special Metropolitan Magistrate cannot be appointed under Section 18(2) of the Code of Criminal Procedure, 1973 for a single term exceeding one year at a time.
No Corresponding BNSS Section
Section 18 CrPC has no counterpart in the Bharatiya Nagarik Suraksha Sanhita, 2023.
FAQs on Section 18 CrPC
Who could be appointed as a Special Metropolitan Magistrate under Section 18 CrPC?▼
A person who holds or has held any post under the Government could be given all or any of the powers of a Metropolitan Magistrate by the High Court under Section 18(1) of the Code of Criminal Procedure, 1973, upon a request from the Central or State Government. A proviso to Section 18(1) CrPC stated that no such power shall be conferred unless the person possesses the qualification or experience in relation to legal affairs specified by the High Court by rules.
What was the term of appointment for a Special Metropolitan Magistrate under Section 18 CrPC?▼
A Special Metropolitan Magistrate shall be appointed for such term, not exceeding one year at a time, as the High Court may direct by a general or special order under Section 18(2) of the Code of Criminal Procedure, 1973. The powers conferred by the High Court under Section 18(1) CrPC applied in respect to particular cases or to particular classes of cases in any metropolitan area within the local jurisdiction of the High Court.
Could a Special Metropolitan Magistrate exercise powers outside the metropolitan area under Section 18 CrPC?▼
Yes. The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate under Section 18(3) of the Code of Criminal Procedure, 1973 to exercise the powers of a Judicial Magistrate of the first class in any local area outside the metropolitan area. Under Section 18(1) CrPC, the initial conferment of Metropolitan Magistrate powers applied to particular cases or particular classes of cases in any metropolitan area within the local jurisdiction of the High Court.
Is there a provision corresponding to Section 18 CrPC in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
No. The Code of Criminal Procedure, 1973 stood in force until 30 June 2024 and was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The official CrPC and BNSS comparison tables list no section of the Sanhita for Section 18 CrPC, which dealt with Special Metropolitan Magistrates. As a result, from 1 July 2024, the Sanhita has no section in place of Section 18 CrPC.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·