CrPC Section 17 - Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
Section 17 of the Code of Criminal Procedure, 1973 (CrPC) governed the appointment of the Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates in metropolitan areas. The provision should now be read in its historical context because the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024 and replaced the CrPC for new proceedings, subject to statutory savings and transitional provisions.
Text of Section 17 of the Code of Criminal Procedure, 1973
17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.
(1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.
(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.
Meaning and explanation of Section 17 CrPC
Appointment of the Chief Metropolitan Magistrate
Under subsection (1), the High Court was responsible for appointing a Metropolitan Magistrate as the Chief Metropolitan Magistrate for each metropolitan area within its territorial jurisdiction. The appointment was a judicial administrative function of the High Court.
Appointment and powers of Additional Chief Metropolitan Magistrates
Subsection (2) permitted the High Court to appoint Metropolitan Magistrates as Additional Chief Metropolitan Magistrates. An Additional Chief Metropolitan Magistrate could exercise all or specified powers of the Chief Metropolitan Magistrate, depending on the High Court's directions and the applicable law. Appointment alone did not necessarily confer every power without regard to those directions.
Present legal position under the BNSS, 2023
The BNSS reorganised the statutory provisions governing criminal courts. Section 10 BNSS provides for the appointment of a Chief Judicial Magistrate in every district and permits the High Court to appoint Additional Chief Judicial Magistrates with such powers of the Chief Judicial Magistrate as it directs. It also addresses Sub-divisional Judicial Magistrates.
Under Section 6 BNSS, the classes of criminal courts include Courts of Session, Judicial Magistrates of the first class, Judicial Magistrates of the second class and Executive Magistrates. The separate statutory classification of Metropolitan Magistrates used in the CrPC is not reproduced.
Section 531 BNSS contains repeal and savings provisions. Pending proceedings and other matters covered by those provisions may continue to be governed by the CrPC. The applicable statutory text, savings, High Court notifications and orders must be examined for a particular case.
Practical significance
- For historical cases and proceedings saved under the BNSS, Section 17 CrPC remains relevant to understanding the authority of a Chief Metropolitan Magistrate or Additional Chief Metropolitan Magistrate.
- For matters governed by the BNSS, consult the provisions concerning Chief Judicial Magistrates, particularly Section 10, rather than assuming the former metropolitan-court terminology still applies.
- The precise powers and assignments of individual magistrates may depend on relevant High Court orders and applicable procedural law.
Official legal references
For the authoritative legislation and notifications, consult the India Code official legislation database and the Gazette of India. Search for the Code of Criminal Procedure, 1973 (Act 2 of 1974), and the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), including their commencement and saving provisions.
Related reading: Code of Criminal Procedure guide, Section 16 CrPC and Section 19 CrPC.
Updated: 16 October 2026. General legal information; verify current statutory and court-specific directions before relying on it.