Section 8 CrPC: Metropolitan Areas - Meaning, Delhi Amendment and BNSS Position

What was a metropolitan area under Section 8 CrPC?

Under the former Section 8(1), a State Government could notify a city or town with a population exceeding one million as a metropolitan area for the purposes of the CrPC. The population figure was taken from the latest preceding census for which relevant figures had been published. The former scheme distinguished metropolitan magistracy from other judicial-magistrate arrangements.

Sub-sections (3) to (5) addressed the alteration of boundaries, loss of metropolitan status and the continuation of pending inquiries, trials and appeals. The provision also deemed the former Presidency towns of Bombay, Calcutta and Madras, and Ahmedabad, to be metropolitan areas upon commencement of the CrPC.

Section 8 of the Code of Criminal Procedure, 1973

The following is the former statutory provision retained for historical and transitional reference.

Section 8 CrPC - Original statutory text

(1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code.

(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area.

(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million.

(4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place.

(5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place.

Explanation. In this section, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.

Delhi amendment to Section 8 CrPC

Delhi Act 9 of 2011 provided for declaring a city, town or part thereof a metropolitan area, dividing a metropolitan area into multiple areas subject to the population threshold, and High Court directions for pending proceedings on division. These amendments related to the former CrPC framework and should not be assumed to create equivalent powers under the BNSS without checking current law.

Historical amendment text

In its application to the National Capital Territory of Delhi, in section 8:

(a) In sub-section (1), for the words "a city or town", substitute "a city or town or part thereof".

(b) For sub-section (3), substitute the following:

"(3) The State Government may, by notification divide a metropolitan area into two or more such areas or extend or reduce or alter the limits of a metropolitan area:

Provided that (a) the division of metropolitan area shall not be so made as to result in the population of any of the areas into which it has been divided being less than one million; and (b) the reduction or alteration of metropolitan area shall not be so made as to reduce the population of such area to less than one million."

(c) After sub-section (4), insert the following:

"(4-A) Where any metropolitan area is divided under sub-section (3), the High Court may issue such directions as it deems fit with respect to the disposal of the proceedings pending immediately before such division before any Magistrate or court having jurisdiction in respect of such area."

[Vide Delhi Act 9 of 2011, section 2.] This historical amendment is reproduced for reference to the former CrPC framework.

What changed under the BNSS, 2023?

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC for criminal procedure from 1 July 2024, subject to statutory savings. BNSS Section 6 lists classes of criminal courts, while Section 7 deals with territorial divisions and Section 8 deals with Courts of Session. Unlike the CrPC, the BNSS does not separately establish metropolitan areas and Metropolitan Magistrates in the same way.

BNSS Section 531 addresses repeal and savings. The applicable law for an investigation, inquiry, trial, appeal or other proceeding may depend on whether it was pending immediately before commencement and on the statutory saving. Existing notifications, appointments and local arrangements should be checked against current legislation and competent authorities' orders.

Frequently asked questions

Is Section 8 CrPC still the current metropolitan-area provision? No. It belongs to the repealed CrPC, subject to transitional savings.

Is Section 8 BNSS the replacement for Section 8 CrPC? No. Section numbers do not match by subject: Section 8 BNSS concerns Courts of Session.

Does the Delhi amendment still apply automatically? Its historical effect and any saved proceedings require case-specific analysis; it should not be presented as a new BNSS amendment.