Code
The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrates, as it may deem fit.
STATE AMENDMENT.
Uttar Pradesh.
Amendment of section 21. In section 21 of the said Code, in sub-section (2) the following proviso shall be inserted and deemed always to have been inserted, namely :.
Provided that nothing in this sub-section shall be construed to prohibit the State Government from exercising its control over Assistant Public Prosecutor through police officers..
[Vide the Uttar Pradesh Act 16 of 1976, s. 5.]
Explain the Code
This section empowers the State Government to appoint any of its officers as Special Executive Magistrates. These officers are vested with specific powers and functions to assist in the maintenance of public order and the prevention of crime.
SEMs can be given powers to:
- Issue orders prohibiting public meetings or processions under Section 144 CrPC.
- Disperse unlawful assemblies under Section 131 CrPC.
- Arrest without warrant in certain cases under Section 41 CrPC.
- Seize weapons and other articles under Section 102 CrPC.
- Investigate certain offences under Section 156 CrPC.
However, the powers of SEMs are generally limited and they cannot try cases or pass judgments.
Illustrate
For example, during a communal riot, the State Government might appoint a District Magistrate as an SEM to control the situation. The SEM can then issue orders under Section 144 CrPC to prohibit assembly of people in certain areas, or arrest individuals who are inciting violence.
Common Questions and Answers
Q: Who can appoint an SEM?
A: The State Government has the authority to appoint any of its officers as an SEM.
Q: What are the powers of an SEM?
A: The powers of an SEM are defined under Section 21 and other relevant sections of CrPC. They can issue orders, arrest individuals, and investigate offences within their jurisdiction.
Q: Can an SEM try cases?
A: No, SEMs are not empowered to try cases or pass judgments. Their primary role is to maintain public order and assist in crime prevention.
Q: What is the difference between a Magistrate and an SEM?
A: Magistrates are judicial officers with the authority to try cases and pass judgments. SEMs are executive officers with limited powers to maintain public order and assist in investigation.
