CrPC Section 16 - Courts of Metropolitan Magistrates
Section 16 of the Code of Criminal Procedure, 1973 (CrPC) governed the establishment, appointment and territorial jurisdiction of Courts of Metropolitan Magistrates. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in force from 1 July 2024, reorganised the classes of criminal courts and does not retain a separate class of Metropolitan Magistrates. The historical text remains relevant for understanding proceedings governed by the former Code and applicable saving provisions.
Meaning and scope of Section 16 CrPC
A Metropolitan Magistrate was a judicial magistrate appointed to exercise criminal jurisdiction in a metropolitan area under the CrPC. Section 16 specified how such courts were established, who appointed their presiding officers and the territorial extent of their powers.
Section 16 CrPC - statutory provisions
Sub-section (1): Establishment of courts
In every metropolitan area, as many Courts of Metropolitan Magistrates were to be established, at such places as the State Government specified by notification after consulting the High Court.
Sub-section (2): Appointment of presiding officers
The High Court appointed the presiding officers of Courts of Metropolitan Magistrates.
Sub-section (3): Territorial jurisdiction
The jurisdiction and powers of every Metropolitan Magistrate extended throughout the metropolitan area. This was the ordinary territorial rule under the former Code, subject to other applicable provisions of law.
Uttar Pradesh state amendment - historical provision
The original article records an amendment attributed to Uttar Pradesh Act 1 of 1984, Section 4, inserting sub-section (4) into Section 16. It provided that when the office of Chief Metropolitan Magistrate was vacant or its holder was unable to perform duties owing to illness, absence or otherwise, the senior-most available Additional Chief Metropolitan Magistrate or other Metropolitan Magistrate at the place would dispose of urgent work of the Chief Metropolitan Magistrate.
This is reproduced as a historical state-amendment note, not as a statement that the provision continues unchanged under the BNSS. Its application to any particular proceeding should be checked against the relevant state enactments, repeal and savings provisions, and current High Court notifications.
What changed under the BNSS 2023?
Section 6 BNSS sets out the classes of criminal courts, including Courts of Session and Judicial Magistrates of the first and second class, without separately listing Metropolitan Magistrates. Section 9 BNSS addresses Courts of Judicial Magistrates and their establishment and appointment. Section 10 BNSS addresses Chief Judicial Magistrates and Additional Chief Judicial Magistrates. These provisions should be read together rather than treating BNSS Section 16 as a direct replacement for CrPC Section 16.
Section 531 BNSS deals with repeal and savings, including the treatment of certain proceedings pending immediately before commencement. Whether CrPC or BNSS applies to a particular matter depends on the relevant transitional facts.
Practical significance
For a criminal case, identify the governing procedural law, the date and status of the proceeding, the court's territorial jurisdiction, and any applicable High Court or state government notification. Older judgments and orders may refer to Metropolitan Magistrates even though the BNSS uses a different court classification.
Official legal resources
Refer to the India Code official legislation portal for the Code of Criminal Procedure, 1973 and Bharatiya Nagarik Suraksha Sanhita, 2023, and the Gazette of India for commencement notifications and legislative publications. Verify the relevant state amendments and High Court administrative notifications where applicable.
Frequently asked questions
What did CrPC Section 16 provide?
It regulated establishment of Courts of Metropolitan Magistrates, appointment of their presiding officers by the High Court, and their metropolitan-area jurisdiction.
Does BNSS retain a separate Metropolitan Magistrate category?
No. Section 6 BNSS does not list Metropolitan Magistrates as a separate class of criminal courts.
Are all old CrPC cases automatically governed by BNSS?
No. The repeal and savings rules in Section 531 BNSS must be considered for proceedings pending at commencement.
Updated: 16 October 2026. General legal information; check the latest official enactments and court notifications.