Section 13 CrPC : Special Judicial Magistrates




   13. Special Judicial Magistrates

(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate [of the first class or of the second class in respect to particular cases or to a particular classes of cases, in any local area, not being a metropolitan area] :

Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

[(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction].

   STATE AMENDMENTS :

ANDHRA PRADESH. - In sub-section (2) of Section 13 for the words "not exceeding one year at a time" the words "not exceeding two years at a time" shall be substituted.

In sub-section (2) of section 13 following proviso shall be added -

"Provided that any person who is holding the office of Special Judicial Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992 and has not completed sixty-five years of age shall continue to hold office for a term of two years from the date of his appointment." [A.P. Act No 2 of 1992, Section 2, w.e.f. 10.4.1992].

BIHAR. - In Section 13 of the Code for the words "in any district" the words "in any local area" shall be substituted and shall be deemed to have been always substituted. [Bihar Act 8 of 1977, S. 3, w.e.f. 10-1-1977].

HARYANA. - In Section 13 of sub-section (1) of the Code -

(a) for the words "second class", the words "first class or second class" shall be substituted and shall always be deemed to have been substituted;

(b) for the words "in any district" the words "in any local area" shall be substituted and shall always be deemed to have been substituted. -

VALIDATION. - Notwithstanding anything contained in any judgment, decree or order of any court, any notification issued by the Government before the commencement of this Act, purporting to establish any Court of Judicial Magistrate having jurisdiction over more than one district shall be deemed to have been issued under Section 11 read with Section 13 of the principal Act as amended by this Act and be deemed to be and always to have been valid. [Haryana Act No. 16 of 1976, Ss. 3 and 4 w.e.f. 24-2-1976].

HIMACHAL PRADESH. - In Section 13 for the words "in any district" the words "any local area" shall be substituted. [H.P. Act No. 40 of 1976, S. 2, w.e.f. 13.11.1976].

PUNJAB. - In Section 13 of the Code in sub-section (1) for the words "second dass", the words "first class or second class" and for the words "in any district", the words "in any local area" shall be substituted. [Punjab Act No. 9 of 1978, S. 3, w.e.f. 14.4.1978].

UTTAR PRADESH. - In Section 13 of the Code for the words "second class" the words "first or second class" shall be substituted and for the words "in any district" the words "in any local area" shall be substituted.

VALIDATION. - Notwithstanding any judgment, decree or order of any Court :

(a) any notification of the State Government issued before November 28, 1975 purporting to establish any Court of Judicial Magistrates having jurisdiction over more than one district shall be deemed to have been issued under Section 11 read with Section 13 of the said Code as amended by this Act and be deemed to be and always to have been valid. [U.P. Act No. 16 of 1976, Ss. 4 and 11, w.e.f. 1.5.1976].

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Geek Upd8 - Law Reporter: Section 13 CrPC : Special Judicial Magistrates
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