What is meant by the Metropolitan area and Metropolitan Magistrates?

Question: What is meant by the Metropolitan area and Metropolitan Magistrates?

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Answer

According to section 2(k) of CrPC, the term metropolitan area is defined as the area declared, or deemed to be declared, under section 8, to be a metropolitan area.

Section 8 of the CrPC provides that the State Government by notification can declare any area in the State comprising a city or town whose population exceeds one million(10 lakh) to be a metropolitan area. While from the date of commencement of the Code, Bombay, Madras, Calcutta, and Ahmedabad were declared as Metropolitan Area.

The State Government by notification extend or reduce the limit of the Metropolitan Area but it shall not reduce the population of area less than 10 lakh.

Even, otherwise, the population of the Metro Area has gone below 10 lakh, even the State Government by notification cease to call it a Metro from such date, howsoever, the trial, inquiry, or appeal powers of the Courts shall not be ceased.

Metropolitan Magistrate (Section 16)

The State government after consultation with the High Court establishes courts of Metropolitan Magistrates in every metropolitan area. The presiding officers shall be appointed by the High Court.

The jurisdiction and powers of such Metropolitan Magistrates shall extend throughout the metropolitan area. The High Court shall appoint Metropolitan Magistrate as the Chief Metropolitan Magistrate.

The High Court may also appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate. A Special Metropolitan Magistrate is also appointed by the High Court if requested by the Central or State Government with respect to particular cases or to particular classes of cases.

Special Metropolitan Magistrates shall be appointed for a term, not exceeding one year at a time. The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge, and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.

According to Section 29 of the CrPC,

"a metropolitan magistrate may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees or of both."

Further, Chief Metropolitan Magistrate may pass any sentence authorized by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.

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