Duties and Powers of Executive Magistrates under CrPC

 

DUTIES AND POWERS OF EXECUTIVE MAGISTRATE UNDER CrPC

 

Section 20 – 23 of CrPC deals with the appointment, jurisdiction, power and functions of the executive magistrates.

Section 20: Executive Magistrates:-

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 [such] of the powers of a District Magistrate under this code or under any other law for the time being in force[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.

[(4-A) 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 sub 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.

 

Section 21 – Special Executive Maigstrate

The state government may appoint, for such terms as it may think fit, 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 it.

 

Section 22 – Local Jurisdiction of Executive Magistrates:-

1.  Subject to the control of the state government, the district Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may be invested under this code.

2.  Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

 

Section 23 – Subordination of Executive Magistrates

1.  All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the sub – Divisional Magistrate) exercising powers in a sub – division shall also be subordinate to the sub – divisional Magistrate, subject, however to the general control of the District Magistrate.

2.  The district Magistrate may, from time to time, make rules or give special orders, consistent with this code. As to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate.