Role of Executive Magistrate under the Cr.P.C.

Introduction

The Code of Criminal Procedure, 1973, provides for two categories of magistrates, Executive Magistrate and Judicial Magistrates. The Court of the Executive Magistrate is the last in the hierarchy of criminal courts provided in the Code of Criminal Procedure and is under the control of the State Government. The functions of an Executive Magistrate are concerned with mainly executive and at times administrative matters; it can include sanctioning of licenses or summoning parties after being satisfied with the report of the police officer. The work of the Executive Magistrate is simply maintaining law and order within his jurisdiction.

Appointment and Jurisdiction of Executive Magistrates

Appointment of Executive Magistrates is provided under Section 20 of the Code. Every State Government can appoint any number of Executive Magistrates; in each district and metropolitan areas and one of them is then made a District Magistrate. An Executive Magistrate can be made in charge of a sub-division, he then shall be known as the Sub-Divisional Magistrate.

The District Magistrate defines the local limits of the jurisdiction of the Executive Magistrate. It is to exercise the powers as provided under the Code. Also, the District Magistrate may make rules or give orders for the distribution of tasks. Among all the Executive Magistrates which are subordinate to him.

Role of an Executive Magistrate

Following are the roles of an Executive Magistrate as given under the Code of Criminal Procedure:

• According to Section 3, if the functions to be exercised by a Magistrate. Under any law other than this Code, are of an executive or administrative nature, they shall be exercised by an Executive Magistrate. Such functions can include issue, suspension, or cancellation of a license and sanctioning or withdrawing a prosecution.
• According to Section 44, if an offense is committed within the jurisdiction of an Executive Magistrate in his presence. He may himself arrest the offender or order his arrest and follow the procedure as to his custody.
• According to Section 78, if a warrant is to be executed at a place outside the local jurisdiction of a Court. It may direct the warrant to an Executive Magistrate, instead of a police officer. Who has jurisdiction over the place where it is to be executed. The same shall be executed in the manner provided under the Code. Also, according to Section 79, if the warrant is directed to a police officer, he shall take it to the Executive Magistrate. Or to other police officers of the prescribed rank within whose jurisdiction it is to be executed for endorsement.
• According to Section 80, an arrested person might be presented before an Executive Magistrate; if he was arrested outside the district of the Court that issued the warrant and; if the Court is not within 30 kilometers of the place of arrest and the court of Executive Magistrate is nearer. According to Section 81, the Executive Magistrate then shall direct the custody of the arrested person. Basically to the respective Court that issued the warrant. Also, if the offense is bailable and the accused is ready to submit the bail amount. Or he is ready to submit security as per the provision in Section 71. Then the executive Magistrate shall accept he bail or security and forward it to the Court.
• According to Section 107, when an Executive Magistrate receives information regarding any wrongful act or breach of public peace; that is likely to be done by a person in the near future. The Magistrate has sufficient ground to believe the information. Then he can ask that person to express why he should not be made to execute a bond; for a maximum of 1 year, to ensure peace during such period. The Executive Magistrate in this case can be both the Magistrate having jurisdiction over the area; where a disruption of peace might be caused or the one having jurisdiction; over the place where the person likely to cause disruption resides.
• According to Section 108, if an Executive Magistrate receives information, in any manner. That a person within his jurisdiction is involved in the distribution of any publication; which is prohibited under the Indian Penal Code. Or any defamatory/intimidating matter that relates to a Judge who is discharging his duties, or produces. And distributes any obscene matter as referred in Section 292 of the Indian Penal Code; and the Magistrate has reason to believe such information to be true. The Magistrate then can ask that person to express why he should not be made to execute a bond. For a maximum of 1 year, to ensure his good behavior during such period.
• According to Section 109, when an Executive Magistrate has sufficient reason to believe that. A person is trying to hide his presence within his jurisdiction, in order to commit a cognizable offense. The Magistrate can ask that person to express why he should not be made to execute a bond. For a maximum of 1 year, to ensure his good behavior during such period.
• According to Section 110, in case of any information received with respect to a habitual offender; in his jurisdiction by an Executive Magistrate. He can ask that person to express why he should not be made to execute a bond; for a maximum of 3 years, to ensure his good behavior during such period. The person can be a habitual offender under any other Act and his presence is consider dangerous so as to render him a hazard to the community.
• According to Section 129, an Executive Magistrate or a police officer not below the rank of a sub-inspector may ask an unlawful assembly or an assembly of more than 5 persons to disperse if they are likely to cause disruption to the public peace. If the assembly does not obey the orders, they may be ask to disperse by use of force or by arrest or confinement and the Executive Magistrate of highest rank can even make use of arm forces for the dispersal.
• According to Section 133, when an Executive Magistrate receives information and after taking evidence into account he finds that nuisance cause should be remove from a public place. There is any other ongoing activity affecting community peace, he may take necessary actions to stop the act of nuisance.
• According to Section 143, an Executive Magistrate can prevent any person from repeating or continuing an offense define under the Indian Penal Code, if he has been empower to do so by the Center or the State government.
• Also according to Section 144, if in the opinion of an Executive Magistrate, who is specially empower by the respective State government for the purpose of this section, there is the apprehension of danger and he has sufficient ground to believe it, then he may be a write order prevent the person from continuing an act that is the cause of danger.
• According to section 145 and 147, if there is a dispute relating to the land or water or use of that land or water which will lead to disruption of peace of the community within the jurisdiction of the Executive Magistrate, he shall make a written order after he is satisfied with the circumstances. The order will direct the parties in dispute to attend his Court through a pleader or themselves on the specified day and to present their respective claims.
• According to section 167, a police officer, not below the rank of a sub-inspector, carrying on investigation may forward the copy of his record diary to the Executive Magistrate if the Judicial Magistrate is not available and the investigation is not completed within 24 hours. The accused will also be presented before the Executive Magistrate who will then further authorize his detention in such custody as he deems fit for a maximum of 7 days.
• According to Section 174, when a police officer receives information of a person’s suicide or death by an animal, machinery, accident or death under such circumstance so as to cause reasonable suspicion, he will immediately transfer such information to the nearest Executive Magistrate who is empowered to hold an inquiry.
• According to Section 297, affidavits to be used under the Code can be affirmed by an Executive Magistrate.

Conclusion

The State government can also appoint Executive Magistrates, for a term as it deems fit, to be Special Executive Magistrates for a particular area or a function and they will have powers as deemed fit and as per provisions of the Code. Executive Magistrates are also protected against prosecution for acts done in pursuance of their powers under the Code in good faith. The role of Executive Magistrates has no connection with the judicial aspects as their work is mainly concerned with the administrative and executive functions. However, they maintain law and order within their jurisdiction while playing their role as per the provisions of the Code.