- In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.
- The presiding officers of such Courts shall be appointed by the High Court.
- The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.
Simplified Explanation:
Section 16 of the Code of Criminal Procedure (CrPC) 1973, addresses the appointment and powers of the Sub-Divisional Judicial Magistrate. It is designed to decentralize the administration of criminal justice within a district by establishing magisterial functions at the sub-divisional level. Here’s a breakdown of its key aspects:
- Appointment of Sub-Divisional Judicial Magistrate (SDJM): This section empowers the High Court to appoint Judicial Magistrates of the first class to be in charge of sub-divisions within a district. These appointments ensure that judicial services are accessible across the wider district, not just concentrated in the district headquarters.
- Powers and Functions: The Sub-Divisional Judicial Magistrate, being a Magistrate of the first class, has all the powers conferred upon a magistrate of the first class. This includes the power to hear cases, conduct trials, and impose sentences as per the limitations established by law.
- Objective: The purpose behind appointing Sub-Divisional Judicial Magistrates is to ensure the effective administration of justice at a more localized level within a district. By having magisterial functions available at the sub-divisional level, the legal system becomes more accessible to people living in those areas, facilitating quicker case resolutions and reducing the burden on courts located at the district headquarters.
- Local Jurisdiction: The jurisdiction of the Sub-Divisional Judicial Magistrate is limited to the sub-division for which they are appointed. This geographical distinction ensures that the magistrate is focused on addressing the legal needs and challenges specific to that sub-division.
- Subordination: The Sub-Divisional Judicial Magistrate is subordinate to the district’s Chief Judicial Magistrate (CJM). This hierarchical structure ensures a coordinated approach to the administration of justice across the district, with the CJM overseeing the functioning of magistrates at both the district and sub-divisional levels.
Section 16 facilitates the decentralization of the judicial process, making the administration of criminal justice more efficient and accessible by ensuring that magisterial services are available closer to the populace in various district sub-divisions. This approach helps manage the caseload more effectively and provides a more convenient avenue for individuals to seek legal redressal.
