CrPC Section 13 - Special Judicial Magistrates: BNSS Section 11 Explained
Section 13 of the Code of Criminal Procedure, 1973 (CrPC) dealt with the appointment and powers of Special Judicial Magistrates. Since 1 July 2024, the corresponding central provision is Section 11 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The earlier law remains relevant to proceedings and actions governed by applicable repeal and saving provisions.
Current law: Section 11 of BNSS, 2023
Section 11 empowers the High Court, on a request from the Central Government or State Government, to confer all or some powers of a Judicial Magistrate of the first or second class on a person who holds or has held a government post, for specified cases or classes of cases in a local area.
Qualifications and appointment
The person must have the qualifications or experience in legal affairs prescribed by the High Court through its rules. An appointed officer is known as a Special Judicial Magistrate. The High Court determines the term by general or special order, subject to a maximum of one year at a time under the central provision.
The present text does not reproduce the former CrPC subsection 13(3) on metropolitan-magistrate powers. For the authoritative enactment, consult the official BNSS Act (India Code PDF).
Earlier law: Section 13 of CrPC, 1973
Subsection (1): Conferment of powers
On a request by the Central or State Government, the High Court could confer first-class or second-class Judicial Magistrate powers on a serving or former government office-holder for particular cases or classes of cases in a non-metropolitan local area. The person had to satisfy the legal qualifications or experience prescribed by High Court rules.
Subsection (2): Designation and tenure
Such appointees were called Special Judicial Magistrates and, under the central CrPC text, were appointed for terms not exceeding one year at a time, as directed by the High Court.
Subsection (3): Metropolitan powers
The High Court could empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to a metropolitan area outside the Magistrate's local jurisdiction. This provision was inserted by Act 45 of 1978, section 4, effective 18 December 1978.
The wording of subsection (1) concerning first-class or second-class powers and the local area was substituted by Act 45 of 1978, section 4, effective 18 December 1978.
Historical state amendment notes
The original webpage recorded the following amendments. They are retained as historical references, not as confirmation that they remain operative under BNSS. Current applicability should be checked against relevant state legislation, adaptation orders and High Court rules.
Assam
The source cites Assam Act 13 of 1964, section 2, with wording about appointment of Sub-divisional Magistrates and placing them in charge of subdivisions. Important: this citation predates the 1973 CrPC and appears to relate to an earlier Code; it should not be treated as a verified amendment to CrPC Section 13.
Himachal Pradesh
The source records Himachal Pradesh Act 40 of 1976, section 2, replacing the words "in any district" with "in any local area". This is preserved as a historical note; the cited wording should be checked against the official state enactment.
Andhra Pradesh and Telangana
The source cites Andhra Pradesh Act 2 of 1992, section 2, extending the appointment term from one year to two years at a time and providing a transitional two-year term for qualifying incumbent Special Judicial Magistrates below 65 years of age. Application in Andhra Pradesh or Telangana after state reorganisation, and under BNSS, requires verification of applicable state law.
Uttar Pradesh
The source cites Uttar Pradesh Act 16 of 1976, section 4, substituting "first or second-class" for "second-class" and "in any local area" for "in any district". This is retained as a historical legislative reference.
Practical significance
A Special Judicial Magistrate does not automatically exercise every power available to an ordinary Judicial Magistrate. The scope depends on the High Court's conferment order, the cases covered, the local area, applicable qualifications and the period of appointment. Check the relevant High Court notification before assessing jurisdiction.
Official legal resources
Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code and India Code official legislation portal.