Law and You >Procedural Laws > CrPC > Executive Magistrates and Their Powers Under CrPC
A Criminal Court is a court that has the jurisdiction and authority to try and punish the persons accused of committing a crime as per criminal law. Generally, the government files a case in Criminal Courts against a person who has committed any crime. The reason behind this is that whenever a crime is committed, it is considered an act against a state and not only the victim. It is the paramount duty of the state to protect its citizens. Therefore, the state becomes operative when a crime is committed. In this article we shall discuss Executive Magistrates and their powers under CrPC.
Classes of Criminal Courts in India:
Section 6 CrPC:
Classes of Criminal Courts:
Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:
(i) Courts of Session;
(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.
Criminal courts can be categorized or classified, in the hierarchy, as given below:
- Supreme Court.
- High Court.
- Sessions Court (also called Court of Session).
- Judicial Magistrates of First Class (called Metropolitan Magistrates in metropolitan areas).
- Judicial Magistrates of Second Class.
- Executive Magistrates
Executive Magistrate:
As per the Criminal Procedure Code, the allocation of magisterial functions is divided into two categories of Magistrates – “Judicial Magistrates” under the control of High Court and “Executive Magistrates” under the control of state government.
Appointment of executive magistrates is by the by executive branch of the government and their superintendence and control also vests with the executive. The state government also has powers to appoint special executive magistrates for a particular area or for the performance of particular functions.
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 all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force.
(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.
(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.
In every District, the following Officers are appointed as Executive Magistrates by the Government under Section 20 CrPC.
- Collector
- Joint Collector
- District Revenue Officer
- Revenue Divisional officer
- Tahsildar
| Sr. No. | Designation | Appointed as | Local Jurisdiction |
| 1 | Collector | District Magistrate | Entire District |
| 2 | Joint Collector | Addl.Dist. Magistrate | Entire District |
| 3 | Dist.Rev.Officer | Addl.Dist. Magistrate | Entire District |
| 4 | Rev.Divil.Officer | Sub Divisional Magistrate | Entire Revenue |
| 5 | Tahsildar | Mandal Executive | Magistrate Entire Mandal |
Additional District Magistrates shall have such of the powers of a District Magistrate under this code or under any other law for the time being in force. Additional District Magistrates are not empowered to issue detention order under NSA and Preventive Detention Act.
All Executive Magistrates other than the Addl. District Magistrate shall be subordinate to the District Magistrate. And every executive Magistrate (other than S.D.M), 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. District Magistrate may from time to time 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.
Section 21:
Special Executive Magistrates:
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.
Generally, Deputy Collectors and Tahsildars and Deputy Tahsildars are appointed as Special Executive Magistrates to handle urgent Law and Order problems on the special occasions.
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 exercise all or any of the powers with which they 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.
Under Section 22 of the CrPC, the local jurisdiction of the Executive Magistrate is determined by the District Magistrate, subject to the control of the State Government, within which the Executive Magistrate may exercise all or any of the powers invested under the code. Unless so determined, 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.
All executive magistrates, excluding the additional district magistrate, shall report to the district magistrate, and every executive magistrate, excluding the sub-divisional magistrate, shall report to the sub-divisional magistrate when exercising powers within a sub-division, subject, however, to the general control of the district magistrate.
The District Magistrate may occasionally issue regulations or special orders regarding the division of responsibilities among the Executive Magistrates under his supervision and the assignment of responsibilities to an Additional District Magistrate, as long as they are consistent with this Code.
Powers of Executive Magistrates
The executive magistrates have been assigned various powers under the CrPC, some of which are as follows:
- Power of arrest u/s 44 CrPC
- Power to compel appearance u/s 61 CrPC
- Power to compel production of documents or things u/s 91 CrPC
- Power of search and seizure u/s 93-105 CrPC
- Power of contempt u/s 345 CrPC
- Power of personal inspection u/s 310 CrPC
- Power demand security u/s 107-110.
- Power to disperse unlawful assemblies (using Civil Force u/s 129 CrPC. or u/s 130 CrPC Armed Force)
- Power to order removal of public nuisance u/s 133 CrPC
- Power to issue order in urgent cases of nuisance or apprehended danger u/s 144 CrPC
- Power to intervene in a dispute concerning land or water – likely to cause breach of peace u/s 145 CrPC
- Power to attach subject of dispute u/s 146 CrPC
- Power to enforce warrants of outside Courts u/s 79 CrPC
- Endorsement of warrants by the Executive Magistrate u/s 79 CrPC
- Power of remand for not exceeding 7 days u/s 167 of CrPC
- Power to hold inquest u/s 174 (1) CrPC
- Power of enquiry into the cause of death u/s 176 CrPC
Incidental powers:
- Taking and recording evidence in inquiries u/s 254 CrPC
- Disposal of property pending inquiry and at the conclusion of the inquiry u/s 451-459 CrPC
- Forfeiture of bonds furnished to the Executive Magistrates u/s 446 CrPC.
- Issuing commission for examination of witness u/s 284 CrPC
- Holding local inspection u/s 310 CrPC
- Discharge of sureties u/s 444 CrPC
- Punishing for criminal contempt of court in view or in the face of the court u/s 345 CrPC
Power to attest Affidavit.
Affidavit to be used before any court under the CrPC may be sworn or affirmed before and Executive Magistrate u/s 297 CrPC
Powers on Public Tranquillity:
Usually, the preventive powers are used in conjunction with other provisions of CrPC like provisions of law:
- Section 144 – Power to issue order in urgent cases of nuisance or apprehended danger –
- Dispersal of unlawful assemblies (Section 129)
- Section 145 – Dispute concerning land or water is likely to cause breach of peace.
- Section 147 – Dispute concerning right of use of land or water
- Section 149 – Police to prevent cognizable offences
- Section 150 – Information of design to commit cognizable offences,
- Section 151 – Arrest to prevent the commission of cognizable offences
- Section 152 – Prevention of injury to public property
Conclusion:
The provisions granting power to the Executive Magistrates have been built along the lines of– “Prevention is better than cure”. This is indicative of how the role of an executive magistrate is pertinent to the functioning of the justice system in whatever capacity that they work in. The powers granted to the Executive Magistrate are limited and are mainly administrative in nature. There is a difference between the Executive and the Judicial Magistrates with the former focussing on the administrative functions relating to the maintenance of peace and order while the latter plays a crucial, inseparable role in the process of investigation.