Code
The State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special Executive Magistrates (SEM), for particular areas or for the performance of particular functions and confer on such Special Executive Magistratessuch of the powers as are conferrable under this Sanhita on Executive Magistrates, as it may deem fit.
Explanation of Special Executive Magistrates (SEM)
The provision allows the State Government to appoint Special Executive Magistrates (SEMs) for a specified term. SEMs can either be existing Executive Magistrates or police officers of the rank of Superintendent of Police or above. These appointments are made for particular areas or specific functions. The State Government is authorized to confer upon the SEMs the same powers as those vested in Executive Magistrates under the Bharatiya Nyaya Sanhita (BNSS), or it may delegate certain powers as deemed necessary.
Illustration
Example 1: Appointment of SEM for Law Enforcement
The State Government appoints a Superintendent of Police (SP) as a Special Executive Magistrate (SEM) for a particular region to oversee law and order. The SP is granted powers typically held by Executive Magistrates to manage public order and address any emerging issues.
Example 2: SEM for Specific Functions
A police officer is appointed as a Special Executive Magistrate (SEM) to handle the implementation of specific functions like enforcing curfews during an emergency situation. The officer is empowered with the authority to issue orders and perform necessary duties under the Sanhita.
Common Questions and Answers on Special Executive Magistrates (SEM)
1. Who can be appointed as a Special Executive Magistrate (SEM)?
- Answer: The State Government can appoint an Executive Magistrate or a police officer not below the rank of Superintendent of Police or equivalent as a Special Executive Magistrate (SEM).
2. What powers do Special Executive Magistrates (SEMs) hold?
- Answer: Special Executive Magistrates (SEMs) are conferred with the same powers as Executive Magistrates under the Bharatiya Nyaya Sanhita (BNSS), or the State Government can delegate specific powers for particular functions or areas.
3. Are Special Executive Magistrates (SEMs) appointed for a fixed term?
- Answer: Yes, the State Government appoints Special Executive Magistrates (SEMs) for a term deemed fit, and their responsibilities can be reassessed or extended based on the State Government’s needs.
4. Can the State Government appoint SEMs for specific functions only?
- Answer: Yes, the State Government may appoint SEMs for performing particular functions or for law enforcement in designated areas. The powers granted to SEMs are based on the requirements of their specific functions.
Conclusion
The provision for Special Executive Magistrates (SEMs) offers flexibility to the State Government by enabling appointments for designated areas or functions. These SEMs are vested with similar powers as Executive Magistrates, and can be police officers or other appointed officials. This mechanism ensures that particular administrative and law enforcement duties can be handled efficiently, with the State Government retaining the authority to assign and adjust roles based on the evolving needs of the district.
