The Code of Criminal Procedure, 1973 (CrPc)
13. Special Judicial 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 Judicial Magistrate 1[of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area]:
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 Judicial 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 may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.]
1. Subs by Act 45 of 1978 sec. 4(1) for certain wards (w.e.f. 18-12-1978).
2. Ins. by Act 45 of 1978, sec.4 (w.e.f.18-12-1978).
STATE AMENDMENTS
Andhra Pradesh:
In sub-section (2) of section 13, for the words “not exceeding one year at a time” the words “not exceeding two years at a time” shall be substituted and to the said subsection the following proviso shall be added, namely.
“Provided that nay person who is holding the office of Special Judicial 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 A.P. Act 2 of 1992].
Bihar:
In section 13 for the words “in any district”, the words “in any local area” shall be substituted.
[Vide Bihar Act 8 of 1977, sec.3 (w.e.f. 10-1-1977)].
Haryana:
In section 13 of the principal Act, in sub-section (1) for the words “second class”, the words “first class or second class” and for the words “in any district”, the words “in any local area” shall be substituted.
[Vide Haryana Act 16 of 1976, sec. 3 (w.e.f. 24-2-1976)].
HIMACHAL PRADESH.
In section 13, for the words “in any district” the words “in any local area” shall be substituted.
[Vide Himachal Pradesh Act 40 of 1976 (w.e.f. 13.11.1976)].
PUNJAB
In section 13 of the principal Act, in sub-section (1) for the words “second class” the words “first class or second class” and for the words “in any district”, the words “in any local area” shall be substituted.
[Vide Punjab Act 9 of 1978, sec.3 (w.e.f. 14-4-1978)].
UTTAR PRADESH:
In section 13 of the principal Act, in sub-section (1) for the words “second class” the words “first class or second class” and for the words “in any district”, the words “in any local area” shall be substituted.
[Vide U.P. Act 16 of 1976, sec. 4 (w.e.f. 5.1.1976)].
