There are three types of special Magistrate – Special Judicial Magistrate, Special Metropolitan Magistrate, Special Executive Magistrate. Special Judicial Magistrate and Special Metropolitan Magistrate are appointed by the High Court on the request of the Central Government or State Government. They are usually appointed to deal with any particular case or cases and their tenure isn’t the same as Judicial Magistrate or Metropolitan Magistrate or Executive Magistrate. They are only appointed for one years.
Special Judicial Magistrate
Special Judicial Magistrate states that Section 13 of Code of Criminal Procedure states that a Special Judicial Magistrate may be appointed by the High Court on the request of the Central Government or State Government.
The High Court may confer Power of State Judicial Magistrate to the person who is already holding or has held any Government Post or Judicial Magistrate first class or Judicial Magistrate second class in any local area not being a Metropolitan Magistrate.
The person shall have a qualification or experience in relation to legal affairs.
The High court shall appoint such a magistrate as Special Judicial Magistrate for a term not exceeding one year at a time. However, he may be appointed again as Special Judicial Magistrate.
If the High Court conferred the power to the Special Judicial Magistrate, then he may exercise the power of any Metropolitan Magistrate outside his local jurisdiction.
Special Metropolitan Magistrate
Section 18 of Code of Criminal Procedure states that a Special Metropolitan Magistrate may be appointed by the High Court on the request of the Central Government or State Government.
The High Court may confer Power of Special Metropolitan Magistrate to Metropolitan Magistrate in any local area.
The person shall have qualified or experience in relation to legal affairs.
The High court shall appoint such a magistrate as Special Metropolitan Magistrate for a term not exceeding one year at a time. However, he may be appointed again as Special Metropolitan Magistrate.
If the High Court conferred the power to the Special Metropolitan Magistrate, then he may exercise the power of any Judicial Magistrate first class outside his local jurisdiction.
Special Executive Magistrate
Section 21 of Code of Criminal Procedure talks about Special Executive Magistrate. It states that the State Government may appoint an Executive Magistrate as Special Executive Magistrate for a term which they may think fit for any particular area for performance of particular function.
The State Government confers power of Executive Magistrate to Special Executive Magistrate as also held in the case – State of Maharashtra v. Mohammad Salim Khan (1991).
