Special Judicial Magistrates
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Summary
High Court can, on request of the Central or State Government, give a current or former government official the powers of a Judicial Magistrate (first or second class) for particular cases or classes of cases in a non-metropolitan local area. The appointee must meet qualification or experience rules the High Court prescribes and is called a Special Judicial Magistrate appointed for terms up to one year. The High Court may also permit them to exercise Metropolitan Magistrate powers in a metro area outside their local jurisdiction.
Example
Rohan, a retired government officer with legal experience, is appointed a Special Judicial Magistrate by the High Court at the State government's request to handle petty theft cases in a district for one year. He can exercise the powers of a Judicial Magistrate for those cases and the High Court may also authorize him to use Metropolitan Magistrate powers for a nearby metro area outside his usual jurisdiction.
Bare Act
Enacted text(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[ 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.
(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.
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