Code
(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.
STATE AMENDMENT
Uttar Pradesh
In section 20 of the said Code, after sub-section (5), the following sub-section shall be inserted, namely :—
“(6) the State Government may delegate its powers under sub-section (4) to the District Magistrate.”
[Vide Uttar Pradesh Act 1 of 1984, s. 5]
Explanation
Executive Magistrates are appointed by the State Government and are responsible for maintaining law and order, preventing crime, and ensuring the smooth functioning of the justice system at the local level. They are vested with various powers under the CrPC, including:
- Investigating cognizable offenses: They can initiate investigations in cases where the police can arrest a person without a warrant.
- Issuing warrants and summons: They can issue warrants for the arrest of accused persons and summons for witnesses.
- Conducting inquiries: They can conduct inquiries into certain offenses, such as those involving public nuisance or breaches of peace.
- Supervising police functions: They can supervise the functioning of the police in their jurisdiction and ensure that they are carrying out their duties effectively.
- Enforcing orders of the Court: They can enforce orders passed by the courts in criminal cases, such as the payment of fines or the release of prisoners.
- Maintaining peace and order: They have the power to take necessary steps to prevent breaches of peace and maintain law and order in their jurisdiction. This may include dispersing unlawful gatherings, seizing weapons, and taking preventive measures against potential unrest.
While possessing these powers, Executive Magistrates are also bound by certain responsibilities, including:
- Acting impartially and fairly: They must act without bias and ensure that their actions are fair and just.
- Respecting the rights of individuals: They must uphold the fundamental rights of all citizens, including the right to a fair trial, the right to privacy, and the right to freedom from unlawful arrest and detention.
- Acting within the limits of their authority: They can only exercise their powers in accordance with the provisions of the CrPC and other applicable laws.
- Maintaining proper records: They must maintain accurate records of their proceedings and decisions.
Illustration
For instance, an Executive Magistrate can intervene in a situation where a group of people is obstructing traffic or causing public nuisance. They can order the group to disperse and, if necessary, use force to enforce their order. In another scenario, they can initiate an inquiry into a case of theft and issue warrants for the arrest of the accused.
Common Questions and Answers
Q: What is the difference between a Judicial Magistrate and an Executive Magistrate?
A: Judicial Magistrates have the power to try cases in court and pass judgments, while Executive Magistrates focus on maintaining law and order and supervising police functions.
Q: Can an Executive Magistrate arrest a person without a warrant?
A: Generally, an Executive Magistrate cannot arrest a person without a warrant. However, they can arrest a person if there is reasonable suspicion of their involvement in a cognizable offense, and they cannot be immediately brought before a Judicial Magistrate.
Q: Can an Executive Magistrate order the police to investigate a case?
A: Yes, they can direct the police to investigate a case, but the police are ultimately responsible for conducting the investigation.
