Section 18 of the Code of Criminal Procedure, 1973 (CrPC) provided for the appointment of Special Metropolitan Magistrates in metropolitan areas. Since 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) generally governs new criminal proceedings. The BNSS does not retain the former separate category of Metropolitan Magistrates; its provision on Special Judicial Magistrates is section 11.
Meaning and purpose of CrPC Section 18
A Special Metropolitan Magistrate was a person holding or having held a government post who could be granted specified magisterial powers by the High Court at the request of the Central or State Government. The provision allowed qualified persons to deal with identified cases or classes of cases in a metropolitan area, subject to High Court supervision and prescribed legal qualifications or experience.
CrPC Section 18: substantive provisions
Sub-section (1): conferral of powers
The High Court could, on a request by the Central or State Government, confer on a person who held or had held a government post all or any powers conferred or conferrable on a Metropolitan Magistrate under the CrPC, for particular cases or classes of cases in a metropolitan area within the High Court's local jurisdiction. The person had to possess qualifications or experience in legal affairs specified by High Court rules.
Sub-section (2): designation and tenure
A person appointed under the provision was called a Special Metropolitan Magistrate. Under the central CrPC text, each appointment was for a term not exceeding one year at a time, as directed by the High Court through a general or special order. Applicable state amendments could alter this period.
Sub-section (3): powers outside a metropolitan area
The High Court or State Government, as applicable, could empower a Special Metropolitan Magistrate to exercise the powers of a Judicial Magistrate of the First Class in a local area outside the metropolitan area.
Position under BNSS 2023
The BNSS came into force on 1 July 2024, replacing the CrPC for most new proceedings, subject to statutory saving and transitional provisions. Its court structure uses Judicial Magistrates rather than maintaining the CrPC's separate metropolitan-magistrate chapter.
BNSS Section 11 - Special Judicial Magistrates: the High Court may, when requested by the Central or State Government, confer specified powers of a Judicial Magistrate of the First or Second Class on an eligible person who holds or has held a government post, subject to the statutory qualifications and limits. This is the relevant modern provision to consult for special magisterial appointments, but it should not be treated as a word-for-word reenactment of old CrPC Section 18.
For cases initiated before the BNSS commencement, the transitional and savings provisions, including BNSS Section 531, may determine whether the former CrPC procedure continues to apply.
State amendments under the former CrPC
Andhra Pradesh and Telangana - historical amendment
The source records Andhra Pradesh Act 2 of 1992, section 3, amending CrPC Section 18(2) to replace the one-year term with a term not exceeding two years at a time. It also included a transitional proviso for an incumbent Special Metropolitan Magistrate who had not attained 65 years of age at commencement, permitting continuation for two years from appointment. The amendment originated in undivided Andhra Pradesh; its application following state reorganisation and BNSS commencement requires checking current state law.
Maharashtra - historical amendment
Maharashtra Act 23 of 1976, section 3 substituted "in one or more metropolitan areas" for "in any metropolitan area" in CrPC Section 18(1). This is preserved as a historical amendment, not a claim that the former provision remains operative for new BNSS proceedings.
Legislative notes
The words "or to cases generally" were omitted by Act 45 of 1978, section 6, with effect from 18 December 1978. The same amending section substituted sub-section (3) with effect from that date.
Practical legal significance
When assessing the validity of an appointment or order made by a Special Metropolitan Magistrate under the former CrPC, examine the High Court's appointment order, the powers actually conferred, the relevant geographic and subject-matter limits, the appointee's qualifications, and any applicable state amendment. For present-day appointments, check BNSS Section 11, the relevant High Court rules, and the applicable notification.
Official legal references
Consult the official India Code database for the Code of Criminal Procedure, 1973 and the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Ministry of Home Affairs for commencement and implementation notifications. State amendments and appointments should be verified against the relevant state gazette and High Court notifications.
Frequently asked questions
What was a Special Metropolitan Magistrate?
A person granted limited Metropolitan Magistrate powers by the High Court under former CrPC Section 18, on government request and subject to eligibility requirements.
What was the maximum appointment term?
Generally one year at a time under the central CrPC provision, subject to applicable state amendments such as the historical Andhra Pradesh two-year amendment.
Does BNSS retain Special Metropolitan Magistrates?
No separate metropolitan-magistrate category is retained in the BNSS. Section 11 provides for Special Judicial Magistrates.