18 CRPC - Special Metropolitan Magistrates

Section 18 of Code of Criminal Procedure 1973 - 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 1* * * , 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.

2[(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.]

STATE AMENDMENT
Andhra Pradesh and Telangana
Amendment of section 18.-- In section 18 of the Principal Act, in sub-section (2) for the words "not exceeding one year at a time, "the words "not exceeding two year at a time, "the words "not exceeding two years at a time" shall be substituted and to the said sub-section the following proviso shall be added, namely:--

"Provided that a person who is holding the office of Special Metropolitan Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992, and has not completed sixty five years of age shall continue to hold office for a term of two years from the date of his appointment".
[Vide the Andhra Pradesh Act 2 of 1992, s. 3]

Maharashtra
Amendment of section 18 of Act 2 of 1974.--In section 18 of the said Code, in sub-section (1), for the words "in any metropolitan area" the words "in one or more metropolitan areas" shall be substituted.
[Vide Maharashtra Act 23 of 1976, s. 3].

-----------------------------

1. The words "or to cases generally" omitted by Act 45 of 1978, s. 6 (w.e.f. 18-12-1978).

2. Subs. by s. 6, ibid., for sub-section (3) (w.e.f. 18-12-1978).