Code:
(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 Uttara 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]
Explain it:
This section empowers the state government to appoint Special Judicial Magistrates (SJMs) for specific purposes, primarily to expedite the disposal of certain categories of cases.
SJMs are typically appointed to handle cases involving:
- Traffic offenses: Minor traffic violations, driving license issues.
- Domestic violence: Cases under the Protection of Women from Domestic Violence Act, 2005.
- Juvenile justice: Cases involving juveniles under the Juvenile Justice Act, 2015.
- Environmental offenses: Cases under the Environment Protection Act, 1986.
- Other specific offenses: The state government can designate specific types of offenses for SJMs to handle.
The powers of SJMs are limited to the specific categories of cases they are appointed to handle. They are empowered to:
- Take cognizance of offenses: Initiate proceedings in designated cases.
- Issue warrants: Issue warrants for the arrest of accused persons.
- Conduct trials: Conduct summary trials for minor offenses.
- Pass judgments: Deliver judgments and impose sentences within the limits prescribed by law.
- Grant bail: Grant bail to accused persons in designated cases.
Illustrate it:
For example, a Special Judicial Magistrate appointed to handle traffic offenses can:
- Take cognizance of cases: When a police officer files a charge sheet for a minor traffic violation.
- Issue warrants: If an accused person fails to appear in court.
- Conduct trials: Hear evidence and pass judgments in traffic violation cases.
- Impose fines: Impose fines on convicted individuals for traffic offenses.
- Grant bail: Grant bail to accused persons in traffic violation cases.
Common Questions and Answers:
Q1. What are the differences between a Judicial Magistrate and a Special Judicial Magistrate?
A1. A Judicial Magistrate has broader jurisdiction and can handle a wider range of cases, while a Special Judicial Magistrate has limited jurisdiction and is specifically appointed to handle designated categories of offenses.
Q2. Can a Special Judicial Magistrate handle all types of cases?
A2. No, the powers of a Special Judicial Magistrate are limited to the categories of cases they are appointed to handle.
Q3. What is the significance of Special Judicial Magistrates in the Indian legal system?
A3. They play a crucial role in expediting the disposal of cases, reducing the workload on other courts, and providing specialized expertise in specific areas.
