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Supreme Court of India
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Criminal Law
Bare Acts
The Code of Criminal Procedure, 1973
Section 1-50
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
Section 28
Section 29
Section 30
Section 31
Section 32
Section 33
Section 34
Section 35
Section 36
Section 37
Section 38
Section 39
Section 40
Section 41
Section 42
Section 43
Section 44
Section 45
Section 46
Section 47
Section 48
Section 49
Section 50
Section 13- Special Judicial Magistrates.

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 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.

STATE AMENDMENTS

Bihar:

In section 13 for the words "in any district", the words "in any local area" shall be substituted.

[Vide Bihar Act 8 of 1977, sec.3 (w.e.f. 10-1-2024)].

Haryana:

In section 13 of the principal Act, in sub-section (1) for the words "second class", the words "first class or second class" and for the words "in any district", the words "in any local area" shall be substituted.

[Vide Haryana Act 16 of 1976, sec. 3 (w.e.f. 24-2-2024)].

HIMACHAL PRADESH.

In section 13, for the words "in any district" the words "in any local area" shall be substituted.

[Vide Himachal Pradesh Act 40 of 1976 (w.e.f. 13.11.2023)].

PUNJAB

In section 13 of the principal Act, in sub-section (1) for the words "second class" the words "first class or second class" and for the words "in any district", the words "in any local area" shall be substituted.

[Vide Punjab Act 9 of 1978, sec.3 (w.e.f. 14-4-2024)].

UTTAR PRADESH:

In section 13 of the principal Act, in sub-section (1) for the words "second class" the words "first class or second class" and for the words "in any district", the words "in any local area" shall be substituted.

[Vide U.P. Act 16 of 1976, sec. 4 (w.e.f. 5.1.2024)].

*Subs by Act 45 of 1978 sec. 4(1) for certain wards (w.e.f. 18-12-2023).
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.

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 and to the said subsection the following proviso shall be added, namely.

"Provided that nay 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."

{Vide A.P. Act 2 of 1992].
* 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.]

*Ins. by Act 45 of 1978, sec.4 (w.e.f.18-12-1978).
     
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