DELHI PETTY OFFENCES (TRIAL BY SPECIAL METROPOLITAN MAGISTRATES) RULES, 1998

PREAMBLE

In exercise of the powers conferred by proviso to sub-section (1) of Section 18 of Code of Criminal Procedure 1973 (No. 2 of 1974) and in supersession of the Rules made earlier under the said section by this Court, Hon'ble the Acting Chief Justice and Hon'ble Judges of the High Court of Delhi at New Delhi, hereby make the following Rules, namely :-

Rule 1. Short title, extent and commencement.

(1)     These Rules shall be called the Delhi Petty Offences (Trial by Special Metropolitan Magistrates) Rules , 1998.

(2)     They shall extend to the whole of the National Capital Territory of Delhi.

(3)     They shall come into force from the date of their publication in the Official Gazette.

Rule 2. Definitions.

In these Rules, unless the context otherwise requires :-

(1)     "Code" shall mean the Code of Criminal Procedure, 1973.

(2)     "Offence" shall have the same meaning as assigned to it in the Code.

(3)     (a) "Petty Offence" means an offence listed in the following provisions :-

(i)       Section 320, Tables I & II, of the Code, excluding offences under Sections 324, 325, 329, 335, 344, 357, 381, 406, 407, 408, 411, 414, 418, 419, 420, 429, 430, 451 and 494 of the Indian Penal Code ;

(ii)      Sections 160, 279, 294 and 336 of the Indian Penal Code ;

(iii)     All offences under any other Act which are punishable upto two years' imprisonment.

(b) The Chief Justice of the High Court may, from time to time, assign any other type of cases to be decided by the Special Metropolitan Magistrates.

(4)     Definitions given in Section 2 of the Code shall hold good for these Rules.

Rule 3. Qualifications.

A person shall not be qualified for appointment as Special Metropolitan Magistrate unless he/she

(1)     has been a District Magistrate or a Judicial Officer ; or

(2)     has for a period of not less than one year exercised the powers of Sub-Divisional Magistrate; or

(3)     has for a period of not less than three years exercised the powers of an Executive Magistrate; or

(4)     has held for a period of not less than three years the post of Superintendent or an equivalent post thereto and above on the Establishment of the High Court of Delhi and that of the Courts Subordinate thereto and is a law graduate; or

(5)     has held, for a period of not less than five years, a gazetted post under the departments of the  Govt.  of N.C.T. of Delhi or the Central Government dealing with legal affairs and is a law graduate; and

(6)     has not attained the age of 65 years on the date of conferment of power of Special Metropolitan Magistrate on him/her.

Rule 4. Disqualification-A person.

(1)     who does not hold or has not held a post under the Govt./High Court of Delhi and the Courts subordinate thereto of the rank and status and does not possess the qualification, if any, attached thereto, as mentioned in the just preceding Rule ; or

(2)     who having held an office under the State or the Union Government or the High Court and the Courts subordinate thereto, has been dismissed or removed or compulsorily retired from service or subjected to any other major penalty for misconduct; or

(3)     who having held an office as mentioned in sub-rule (2) has been convicted and sentenced by a Court for an offence involving moral delinquency or is charged of any offence constituting moral turpitude and proceedings against him are pending; or

(4)     who having held an office as mentioned in sub-rule (2), is of unsound mind or who is deaf or mute or blind or suffering from leprosy or any other contagious disease; or

(5)     who having held an office as mentioned in sub-rule (2) has been adjudicted as an insolvent or an undischarged insolvent; or

(6)     who having held an office as provided in sub-rules (1), (2), (3), (4) and (5) of Rule 3, is a practising advocate; shall not be eligible for conferment of powers of Special Metropolitan Magistrate:

Provided that a practising advocate as mentioned in sub-rule (6), shall not be disqualified for conferment of powers of Special Metropolitan Magistrate, if he, before he is considered for such conferment, undertakes that he shall have his licence as an advocate suspended immediately on conferment of power of Special Metropolitan Magistrate and does so before assumption of charge as such.

Rule 5.

The High Court shall appoint only such persons as Special Metropolitan Magistrates who possess the qualifications mentioned above and are found suitable by it.

Rule 6.

The Special Metropolitan Magistrates shall exercise the same powers as conferred by the Code on Metropolitan Magistrates.

Rule 7. Revocation of powers.

The powers of Special Metropolitan Magistrate conferred on a person by the High Court are liable to be revoked without any notice or hearing to the person concerned, if the High Court is satisfied that such revocation is in public interest.

Rule 8.

(1)     A Special Metropolitan Magistrate, before entering upon him office, shall take oath as has been prescribed for a Metropolitan Magistrate. The oath shall be administered by the Sessions Judge.

(2)     Every Special Metropolitan Magistrate shall be imparted a week's training to familiarise him with the working of Courts by the Sessions Judge/Chief Metropolitan Magistrate provided that the High Court may exempt any such Special Metropolitan Magistrate from training.

(3)     Special Metropolitan Magistrates shall be under the Control of Sessions Judge and. the Chief Metropolitan Magistrate, as per the scheme of the Code.

Rule 9.

(1)     The term of the office of the Special Metropolitan Magistrate shall be one year which may be renewed by the High Court, subject to sub-rule (6) of Rule 3.

(2)     A Special Metropolitan Magistrate shall be entitled to such honorarium and out of pocket expenses, as may be fixed by the High Court from time to time.

Rule 10.

(1)     The State Government shall provide court accommodation ; conveyance and ancillary staff through the Sessions Judge to the Special Metropolitan Magistrates in consultation with the Chief Justice of the High Court.

(2)     A Special Metropolitan Magistrate shall be entitled to only casual leave as may be permissible to a Metropolitan Magistrate.

Rule 11.

(1)     All petty offence shall be tried by Special Metropolitan Magistrates unless the High Court otherwise directs.

(2)     All petty offences shall be tried in a summary was as per procedure laid down in Section 260 of the Code.

(3)     When in the course of summary trial, it appears to the Special Metropolitan Magistrate that the nature of the case is such that it is undesirable to try it summarily, he shall refer the case to Chief Metropolitan Magistrate for entrusting it to any Metropolitan Magistrate competent to decide the same.

Rule 12.

Special Metropolitan Magistrates, in relation to petty offences mentioned above, shall have the same powers as to bails and bonds as are provided in the Code.