(1) In every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.
(2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have 1 [such] of the powers of a District Magistrate under this Code or under any other law for the time being in force 2 [as may be directed by the State Government].
(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate.
(4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate.
3 [(4A) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.]
(5) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police, all or any of the powers of an Executive Magistrate in relation to a metropolitan area.
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1. Subs. by Act 45 of 1978, s. 7, for “all or any” (w.e.f. 18-12-1978).
2. Ins. by s. 7, ibid, (w.e.f. 18-12-1978).
3. Ins. by Act 25 of 2005, s. 2 (w.e.f. 23-6-2006).
Code of Criminal Procedure 1973
Section 1 Short title, extent and commencement
Section 3 Construction of references
Section 4 Trial of offences under the Indian Penal Code and other laws
Section 6 Classes of Criminal Courts
Section 7 Territorial divisions
Section 10 Subordination of Assistant Sessions Judges
Section 11 Courts of Judicial Magistrates
Section 12 Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
Section 13 Special Judicial Magistrates
Section 14 Local jurisdiction of Judicial Magistrates
Section 15 Subordination of Judicial Magistrates
Section 16 Courts of Metropolitan Magistrates
Section 17 Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate
Section 18 Special Metropolitan Magistrates