section 18 of crpc

Section 18 of CrPC Special Metropolitan Magistrates

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Section 18 of CrPC provides for the appointment of Special Metropolitan Magistrates (SMMs). It empowers the High Court, if requested by the Central or State Government, to 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 Metropolitan Magistrate, in respect to particular cases or to particular classes of cases in any metropolitan area within its local jurisdiction.

The High Court may also empower an SMM to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.

SMMs are appointed for a term not exceeding one year at a time, as the High Court may, by general or special order, direct. The High Court or the State Government, as the case may be, may also extend the term of an SMM for such further period or periods, not exceeding one year at a time, as it may think fit.

Qualifications and experience for appointment as an SMM Section 18 of CrPC

The High Court may, by rules, specify the qualifications or experience in relation to legal affairs that a person must possess in order to be eligible for appointment as an SMM.

Powers and functions of SMMs

SMMs have all or any of the powers conferred or conferrable by or under the CrPC on a Metropolitan Magistrate, in respect to the particular cases or classes of cases for which they have been appointed.

This means that SMMs can exercise a wide range of powers, including:

  • Taking cognizance of offenses and issuing summonses and warrants;
  • Conducting inquiries and trials;
  • Passing sentences;
  • Granting bail and releasing accused persons on probation;
  • Deciding appeals from lower courts.

Advantages of having SMMs Section 18 of CrPC

The appointment of SMMs has a number of advantages, including:

  • It can help to reduce the workload on Metropolitan Magistrates and other courts, especially in metropolitan areas where the crime rate is high.
  • It can help to ensure that specialized cases are handled by judges with the necessary expertise.
  • It can help to improve the efficiency and effectiveness of the criminal justice system.

Examples of cases that may be assigned to SMMs

Some examples of cases that may be assigned to SMMs include:

  • Economic offenses
  • Cyber crimes
  • Corruption cases
  • Cases involving juveniles
  • Cases involving women and children

Section 18 of CrPC plays an important role in ensuring the efficient and effective administration of criminal justice in metropolitan areas. The appointment of SMMs helps to reduce the workload on other courts and ensures that specialized cases are handled by judges with the necessary expertise.

Case Laws on Section 18 of CrPC

1. State of Maharashtra v. Prabhakar Pandurang Sanas (2010) 11 SCC 643

Held:

  • The High Court has the power to confer upon a Special Metropolitan Magistrate (SMM) the powers of a Judicial Magistrate of the First Class (JMFC) in respect of any local area outside the metropolitan area.
  • The exercise of this power is discretionary, and the High Court must consider all relevant factors before doing so.
  • The High Court must also ensure that the SMM possesses the necessary qualifications and experience to exercise the powers of a JMFC outside the metropolitan area.

2. State of Punjab v. Gurmit Singh (2011) 13 SCC 665

Held:

  • The High Court can confer upon a SMM the power to hear and decide a particular case or class of cases outside the metropolitan area, even if the case or class of cases is not ordinarily triable by a JMFC.
  • For example, the High Court could confer upon a SMM the power to hear and decide a case involving a serious economic offense, even if the case is not ordinarily triable by a JMFC.

3. State of Karnataka v. R.L. Ravishankar (2014) 1 SCC 78

Held:

  • The High Court can confer upon a SMM the power to hear and decide a particular case or class of cases outside the metropolitan area, even if the case or class of cases is already pending before another court.
  • For example, the High Court could transfer a case from a court in one district to a SMM in another district, if the High Court is satisfied that the SMM is better equipped to handle the case.

4. State of Rajasthan v. Mohan Singh (2015) 10 SCC 192

Held:

  • The High Court can confer upon a SMM the power to exercise the powers of a JMFC outside the metropolitan area, even if the SMM is not qualified to be appointed as a JMFC under Section 6 of the CrPC.
  • However, the High Court must be satisfied that the SMM possesses the necessary qualifications and experience to exercise the powers of a JMFC outside the metropolitan area.

Conclusion

The power of the High Court to confer upon Special Metropolitan Magistrates the powers of Judicial Magistrates of the First Class outside the metropolitan area is a wide one. However, the High Court must exercise this power judiciously and only in cases where it is necessary in the interests of justice.

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