- 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. - 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.
- 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.
Simplified Explanation:
Section 13 of the Code of Criminal Procedure (CrPC), 1973, deals with the appointment of Special Judicial Magistrates by the High Court. This section provides the legal framework for appointing individuals, not necessarily from the regular judicial service, to function as magistrates for specific tasks or preside over particular cases. Here’s a detailed breakdown:
- Appointment Authority: The High Court is empowered to appoint any person to be a Special Judicial Magistrate for any area, case, or group of cases in any district within its jurisdiction. The appointment is made in consultation with the State Government, ensuring a mutual agreement on the individuals selected for these roles.
- Qualifications: The individuals appointed as Special Judicial Magistrates are not required to be from the judicial service. They can be from the public or private sector, bringing diverse experiences and expertise to the judicial process. However, they must possess the qualifications or attributes deemed necessary by the High Court for performing the duties of a magistrate.
- Jurisdiction and Functions: Special Judicial Magistrates are appointed for specific areas, cases, or groups of cases. The nature of their appointment thus defines their jurisdiction and functions and are typically limited to particular legal matters or geographical areas.
- Powers: The powers conferred upon a Special Judicial Magistrate are usually equivalent to those of a Judicial Magistrate of the first class or second class, depending on the High Court’s designation. This means they can try cases, hear bail applications, and perform other judicial functions within the scope of their appointment.
- Term of Office: The term for which a Special Judicial Magistrate is appointed can extend to one year. However, this term is renewable, meaning the High Court, with the concurrence of the State Government, can extend their service as required.
- Objective: The provision for Special Judicial Magistrates allows the legal system to adapt to specific needs, such as addressing case backlogs or dealing with cases that require particular expertise. It enhances the flexibility and responsiveness of the judiciary to varying legal demands.
Section 13 thus introduces an element of specialization and adaptability into the judicial system. It enables the High Court to appoint magistrates for specialized tasks or areas of law, thereby ensuring the efficient and effective administration of justice in specific contexts.
