Section 13 Crpc – Special Judicial Magistrates.
13. Special Judicial Magistrates.
(1) 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 1 [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.
(2) 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.
2[(3) 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.]
STATE AMENDMENTS
Assam
For section 13 of the Code, the following shall be substituted, namely:-
“13.(1) The State Government may appoint as may persons as it thinks fit to be sub divisional Magistrates in any district in the State of Assam.
(2) The State Government, or subject to the control of the State Government, the District Magistrate may place one or more Subdivisional Magistrates in charge of a subdivision”.
[Vide Assam Act 13 of 1964, s. 2.]
Himachal Pradesh
Amendment of Section 13.– in Sub-section (1) of section 13 of the Code of Criminal Procedure, 1973 (2 of 1974) in its application to the State of Himachal Pradesh for the words “in any district” the words “in any local area” shall be substituted.
[Vide Himachal Pradesh Act 40 of 1976, s. 2.]
Andhra Pradesh and Telangana.
Amendment of section 13, Act (2 of 1974).–In the Code of Criminal Procedure, 1973 (hereinafter referred to as the Principal Act) in section 13, in sub-section (2) 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 sub-section the following proviso, shall be added, namely:–
“Provided that any 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 Andhra Pradesh Act 2 of 1992, s. 2.]
Uttar Pradesh
Amendment of section 13.”In section 13 of said Code, for the words “second-class” the words “first or second-class” shall be substituted and for the words “in any district”, the words “in any local area” shall be substituted.
[Vide Uttar Pradesh Act 16 of 1976, s. 4]
Bihar
Amendment of Section 13.– In Section 13 of the said Code for the word “in any district” the words “in any local area” shall be substituted and shall be deemed to have been always substituted.
[Vide Bihar Act 8 of 1977, s. 3]
1. Subs. Act 45 of 1978, s. 4, for certain words (w.e.f. 18-12-1978).
2. Ins. by s. 4, ibid. (w.e.f. 18-12-1978).
