CONSTITUTION OF CRIMINAL COURTS AND OFFICESCentral
Section 8 of The Code of Criminal Procedure, 1973
- (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 pendings immediately before such division before any Magistrate or court having jurisdiction in respect of such area." [Vide Delhi Act 9 of 2011, s. 2.]
Summary
- The State Government can officially name any area a metropolitan area if its population is more than one million.
- Major historic towns like Bombay, Calcutta, Madras, and Ahmedabad were automatically granted this status when the law began.
- The government can change the boundaries of a metropolitan area, but it cannot make it so small that the population drops below one million.
- If a metropolitan area's population eventually falls below one million, the government must issue a notice for it to lose its metropolitan status.
- If an area stops being metropolitan, any ongoing trials or appeals continue as if nothing changed until they are finished.
- The population count is strictly based on the most recent published census data.
Practical examples
1The city of Pune is officially notified as a metropolitan area by the State Government because the last census showed it had 1.5 million residents.
2If the population of a small city drops to 900,000, the State Government issues a notification that it will cease to be a metropolitan area starting from next month.
FAQ
1. What is the minimum population required for a metropolitan area under Section 8 of the Code of Criminal Procedure, 1973?
Under Section 8 of the Code of Criminal Procedure, 1973, the population must exceed one million.
2. Which cities are automatically deemed metropolitan areas under Section 8 of the 1973 Code?
Under Section 8 of the 1973 Code, Bombay, Calcutta, Madras, and Ahmedabad are automatically deemed metropolitan areas.
3. What happens to a pending court case if an area loses its metropolitan status under Section 8 of the criminal procedure law?
According to Section 8 of the criminal procedure law, any pending inquiry, trial, or appeal continues to be dealt with as if the area were still metropolitan.
Test yourself
Q1.Under Section 8 of The Code of Criminal Procedure, 1973, which city is specifically named as being "deemed" a metropolitan area from the start?
Q2.According to Section 8 of the 1973 Code, how is "population" defined for the purpose of declaring metropolitan status?
Q3.Under Section 8 of this procedural Act, if the government alters the limits of a metropolitan area, what is the absolute restriction?
Q4.Under Section 8 of the main criminal law, when does an area officially cease to be a metropolitan area if its population drops?