The Code of Criminal Procedure, 1973
ARRANGEMENT OF SECTIONS
CHAPTER II: CONSTITUTION OF CRIMINAL COURTS AND OFFICES
Section 8: Metropolitan areas.
Bare Act
State Government Notification
-(1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code.
(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area.
(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million.
(4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place.
(5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place.
Explanation: In this section, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.
State Amendment
Delhi
In its application to the National Capital Territory of Delhi, in section 8, -
- (a) in sub-section (1), for the words "a city or town", substitute "a city or town or part thereof";
- (b) for sub-section (3), substitute the following sub-section, namely: -
"(3) The State Government may, by notification divide a metropolitan area into two or more such areas or extend or reduce or alter the limits of a metropolitan area:
Provided that -
- (a) the division of metropolitan area shall not be so made as to result in the population of any of the areas into which it has been divided being less than one million; and
- (b) the reduction or alteration of metropolitan area shall not be so made as to reduce the population of such area to less than one million."
(c) after sub-section (4), insert the following sub-section, namely: -
"(4-A) Where any metropolitan area is divided under sub-section (3), the High Court may issue such directions as it deems fit with respect to the disposal of the proceedings pending immediately before such division before any Magistrate or court having jurisdiction in respect of such area."
Vide Delhi Act 9 of 2011, s. 2.
Simplified Act
State Government Notification
- The State Government can announce that any city or town in the state with a population over one million will be considered a metropolitan area starting from a specified date.
- From the start of this Code, the cities of Bombay, Calcutta, Madras, and Ahmedabad are automatically considered metropolitan areas.
- The State Government can change the size of a metropolitan area, but it cannot make it smaller if the population would drop below one million.
- If the population of a metropolitan area falls below one million, the State Government can announce that it will no longer be a metropolitan area from a specified date. However, any ongoing legal cases in that area will continue as if the area was still a metropolitan area.
- If the State Government changes the size of a metropolitan area, any ongoing legal cases will continue as if the size change had not happened.
Explanation: "Population" refers to the number of people counted in the most recent census.
State Amendment
Delhi
For the National Capital Territory of Delhi:
- (a) In sub-section (1), the term "a city or town" is changed to "a city or town or part of it".
- (b) Sub-section (3) is replaced with the following:
"(3) The State Government can divide a metropolitan area into two or more areas or change its size:
Provided that -
- (a) Any new area created from the division must have a population of at least one million; and
- (b) Any reduction in size must not reduce the population to less than one million."
(c) After sub-section (4), add the following:
"(4-A) If a metropolitan area is divided, the High Court can give directions on how to handle ongoing legal cases in that area."
This amendment is according to Delhi Act 9 of 2011, section 2.
Explanation using examples
Example 1:
Scenario: Declaration of a New Metropolitan Area
Situation: The population of the city of Pune has recently exceeded one million according to the latest census data. The State Government of Maharashtra decides to declare Pune as a metropolitan area.
Action: The State Government issues a notification stating that, effective from January 1, 2024, Pune will be considered a metropolitan area for the purposes of the Code of Criminal Procedure, 1973.
Impact: From January 1, 2024, Pune will have the legal status of a metropolitan area. This means that the criminal courts and offices in Pune will operate under the specific provisions applicable to metropolitan areas as outlined in the Code of Criminal Procedure, 1973.
Example 2:
Scenario: Reduction of a Metropolitan Area
Situation: The population of the city of Surat has decreased to 900,000 due to migration and other factors. The State Government of Gujarat decides to reduce the limits of the metropolitan area of Surat.
Action: The State Government issues a notification on March 1, 2024, stating that the limits of the metropolitan area of Surat will be reduced, effective from April 1, 2024.
Impact: From April 1, 2024, Surat will no longer be considered a metropolitan area. However, any criminal inquiries, trials, or appeals that were pending before this date will continue to be dealt with under the Code of Criminal Procedure, 1973, as if the reduction had not taken place.
Example 3:
Scenario: Division of a Metropolitan Area in Delhi
Situation: The National Capital Territory of Delhi has a population exceeding 20 million. The State Government decides to divide Delhi into two metropolitan areas for better administrative efficiency.
Action: The State Government issues a notification on June 1, 2024, dividing Delhi into two metropolitan areas: North Delhi and South Delhi, each with a population exceeding one million.
Impact: From June 1, 2024, North Delhi and South Delhi will be treated as separate metropolitan areas. The High Court of Delhi may issue directions regarding the disposal of any pending proceedings before the division to ensure a smooth transition.
Example 4:
Scenario: Population Drop Below One Million
Situation: The population of the city of Patna falls below one million due to a natural disaster. The State Government of Bihar decides to cease Patna's status as a metropolitan area.
Action: The State Government issues a notification on September 1, 2024, stating that Patna will cease to be a metropolitan area effective from October 1, 2024.
Impact: From October 1, 2024, Patna will no longer be considered a metropolitan area. However, any ongoing criminal inquiries, trials, or appeals will continue to be handled under the Code of Criminal Procedure, 1973, as if the change in status had not occurred.
