Section 17 CrPC: Chief Metropolitan & Additional Chief Metropolitan Magistrate Powers and Jurisdiction

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Section 17 CrPC: Chief Metropolitan & Additional Chief Metropolitan Magistrate Powers and Jurisdiction

1. Code

Section 17 of the Code of Criminal Procedure, 1973 (CrPC)

2. Explanation

Section 17 of the CrPC deals with the powers and jurisdiction of Chief Metropolitan Magistrates and Additional Chief Metropolitan Magistrates in metropolitan areas.

  • Powers: These magistrates possess all the powers and jurisdiction of a Judicial Magistrate First Class (JMFC) as per Section 29 CrPC.
  • Exclusive Jurisdiction: They have exclusive jurisdiction over all offenses cognizable by a Magistrate within the local limits of their jurisdiction.
  • Special Powers: They may also be assigned special powers by the State Government, such as trying certain specific offenses or exercising powers related to maintenance, domestic violence, etc.

3. Illustration

Imagine a theft case occurs within the jurisdiction of the Chief Metropolitan Magistrate (CMM) of Delhi. The CMM, having exclusive jurisdiction over such offenses, would be responsible for:

  • Receiving the complaint or FIR
  • Conducting the investigation or issuing warrants for arrest
  • Trying the accused and delivering a verdict

4. Common Questions and Answers

Q: What are the differences between a CMM and a JMFC?

A: Both are magistrates with similar powers, but CMMs are specifically designated for metropolitan areas and may have additional responsibilities and jurisdiction.

Q: Can a CMM try any offense within their jurisdiction?

A: No, their jurisdiction is limited to offenses cognizable by a Magistrate, and they may have specific powers assigned by the State Government.

Q: What happens if an offense falls under the jurisdiction of both a CMM and a JMFC?

A: The CMM would have priority jurisdiction, as they are specifically designated for metropolitan areas.

Also Read  Section 133 CrPC: Conditional Order for Removal of Nuisance - Explained
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