Section 19 CrPC: Subordination of Metropolitan Magistrates
Code of Criminal Procedure, 1973
Section 19 CrPC at a Glance
Section 19 CrPC dealt with subordination of Metropolitan Magistrates. It has no corresponding section in the BNSS, which replaced the CrPC from 1 July 2024.
What Section 19 CrPC Says
19. Subordination of Metropolitan Magistrates
(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.
(2) The High Court may, for the purposes of this Code, define the extent of the subordination, if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.
(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate.
Source: Section 19, Code of Criminal Procedure, 1973
Section 19 CrPC in Simple Words
Section 19 of the Code of Criminal Procedure, 1973 set out the chain of authority and how work was assigned among Metropolitan Magistrates. Under Section 19 CrPC, the Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge.
Every other Metropolitan Magistrate shall be subordinate to the Chief Metropolitan Magistrate, subject to the general control of the Sessions Judge. For the purposes of the Code, the High Court may define the extent, if any, of subordination of Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.
The Chief Metropolitan Magistrate may also make rules or give special orders consistent with the Code to divide and assign work.
When Section 19 CrPC Applies
- The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall work under the authority of the Sessions Judge under Section 19(1) of the Code of Criminal Procedure, 1973.
- Every other Metropolitan Magistrate shall work under the authority of the Chief Metropolitan Magistrate while remaining subject to the general control of the Sessions Judge under Section 19(1) CrPC.
- The High Court may decide whether, and to what degree, Additional Chief Metropolitan Magistrates are placed under the Chief Metropolitan Magistrate for the purposes of the Code under Section 19(2) CrPC.
- The Chief Metropolitan Magistrate may issue rules or special orders from time to time, consistent with the Code, to divide work among Metropolitan Magistrates and assign work to an Additional Chief Metropolitan Magistrate under Section 19(3) CrPC.
Example of Section 19 CrPC
When Section 19 CrPC Does Not Apply
- Section 19(3) of the Code of Criminal Procedure, 1973 does not authorise the Chief Metropolitan Magistrate to make rules or give special orders that are inconsistent with the Code.
- Section 19(2) CrPC does not empower the High Court to define the subordination of Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate outside the purposes of the Code.
- Section 19(1) CrPC does not place a Metropolitan Magistrate under the subordination of the Chief Metropolitan Magistrate independent of the general control of the Sessions Judge.
No Corresponding BNSS Section
Section 19 CrPC has no counterpart in the Bharatiya Nagarik Suraksha Sanhita, 2023.
FAQs on Section 19 CrPC
To whom were the Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates subordinate under Section 19 CrPC?▼
The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge under Section 19(1) of the Code of Criminal Procedure, 1973. Every other Metropolitan Magistrate shall be subordinate to the Chief Metropolitan Magistrate, subject to the general control of the Sessions Judge. In addition, under Section 19(2) CrPC, the High Court may define the extent, if any, to which Additional Chief Metropolitan Magistrates were subordinate to the Chief Metropolitan Magistrate for the purposes of the Code.
What role did the High Court have under Section 19(2) CrPC?▼
The High Court may, for the purposes of the Code of Criminal Procedure, 1973, define the extent of the subordination, if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate under Section 19(2) CrPC. The words may and if any left it to the High Court to decide whether Additional Chief Metropolitan Magistrates would be subordinate to the Chief Metropolitan Magistrate and how far that subordination would extend under the Code.
Who could distribute and allocate business among Metropolitan Magistrates under Section 19(3) CrPC?▼
The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders as to the distribution of business among the Metropolitan Magistrates and the allocation of business to an Additional Chief Metropolitan Magistrate under Section 19(3) of the Code of Criminal Procedure, 1973. Any such rules or special orders made by the Chief Metropolitan Magistrate under Section 19(3) CrPC had to be consistent with the Code.
Does Section 19 CrPC have a corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
No. The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The official comparison tables between the Code and the Sanhita list no BNSS section for Section 19 CrPC, and the Sanhita has no section in place of Section 19 CrPC on the subordination of Metropolitan Magistrates.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·