POWERS & FUNCTIONS OF REV. OFFICERS AS EXECUTIVE MAGISTRATES B. VENKATESWARA RAO, District Revenue Officer (Retd.) CONSULTANT, AMR-APARD, Rajendranagar,

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POWERS & FUNCTIONS OF REV. OFFICERS AS EXECUTIVE MAGISTRATES B. VENKATESWARA RAO, District Revenue Officer (Retd.) CONSULTANT, AMR-APARD, Rajendranagar, Hyderabad-500 030. Slide 2 CRIMINAL PROCEDURE CODE, 1973 : BACKGROUND : The Law relating to all Criminal Proceedings in India except those of State of Jammu & Kashmir and Nagaland and the Tribal areas of Assam is contained in the Criminal Procedure Code, 1898. It was amended in 1923 and 1955 relating to the procedure for speedy trial of the cases. Apart from several amendments, the provisions of the Code of 1898 have remained practically unchanged. No attempt was made to have comprehensive revision of the code till the Law Commission was set up in 1955. A comprehensive report for the revision of the Code, namely the Forty First Report, was presented by the Law Commission in the year, 1969. Contd.. Slide 3 One of the main recommendations of the Commission is to provide for the separation of the Judiciary from the Executive on all India basis in order to achieve the uniformity in this matter. Basing on the recommendations of Law Commission, the Code of Criminal Procedure 1973 was enacted extending the whole of India except the State of Jammu & Kashmir. It came into force on the 1 st day of April, 1974. It is amended in 1978, 1980, 1998 & 2001. In the present Code, there is an allocation of magisterial functions between two categories of Magistrates, Judicial under the control of High Court and Executive under the control of State Government. There are altogether 486 Sections and Two Schedules 1 st Schedule contains classification of offences and 2 nd Schedule contains 56 Forms required to be used. Contd.. Slide 4 Sections deals with Powers & Functions of Executive Magistrates : Section Subject 20 - Appointment of Executive Magistrates by Govt., 21 - Appointment of Special Executive Magistrates by Government for particular area or for the performance of particular functions. 22 - Local jurisdiction of Executive Magistrates 23 - Subordination of Executive Magistrates 37 - Public when to assist Magistrate 39 - Public to give information of certain offences like against public tranquility etc., 44 - Arrest by Magistrate Contd.. Slide 5 Search Warrants : Section Subject 94 -Authorizing Police Officer to search of place suspected to contain stolen property, forged documents etc., 97 -Search for persons wrongfully confined. 98 -Power to compel restoration of abducted females. Contd.. Slide 6 Security for keeping peace and for good behaviour : Section Subject 107 -Security for keeping the peace. 108 -Security for good behaviour from persons disseminating seditious matters. 109 - Security for good behaviour from suspected persons. 110 -Security for good behaviour from habitual offenders. 111 -Order to be made when Magistrate acting U/s 107, 108, 109 & 110. 112 -Procedure in respect of person present in court 113 -Summons or warrant in case of person not so present Contd.. Slide 7 Section Subject 114 -Copy of order to accompany summons or warrant. 115 -Power to dispense with personal attendance. 116 - Inquiry as to truth of information 117 -Order to give security 118 -Discharge of person informed against. 119 -Commencement of period for which security is required 120 -Contents of bond 121 - Power to reject securities 122 -Imprisonment in default of security 123 - Power to release persons imprisoned for failing to give security 124 - Security for unexpired period of bond Contd.. Slide 8 Unlawful assemblies : Section Subject 129 -Dispersal of unlawful assembly by use of civil force. 130 -Use of Armed Forces to disperses unlawful assembly. 131 -Power of certain armed force officers to disperse unlawful assembly. 132 -Protection against prosecution for acts done under Sections 129, 130 & 131. Contd.. Slide 9 Public Nuisance : Section Subject 133 -Conditional order for removal of nuisance. 134 -Service or notification of order. 135 -Person to whom order is addressed to obey or show cause 136 -Consequences of his failing to do so. 137 -Procedure where existence of public right is denied. 138 -Procedure where he appears to show cause. 139 -Power to Magistrate to direct local investigation and examination of an expert. 140 -Power of Magistrate to furnish written instructions etc., 141 -Procedure on order being made absolute and consequences of disobedience. 142 -Injunction pending inquiry. 143 -Magistrate may prohibit repetition or continuance of public nuisance. Contd.. Slide 10 Urgent Cases of Nuisance or Apprehended Danger : Section Subject 144 -Power to issue order in urgent cases of nuisance or apprehended danger. Disputes as to immovable property : Section Subject 145 -Procedure where dispute concerning land or water is likely to cause breach of peace. 146 -Power to attach subject of dispute and to appoint receiver. 147 -Dispute concerning right of use of land or water. 148 -Local Inquiry. Contd.. Slide 11 Inquests and Inquiries into unnatural deaths : Section Subject 174 -Police to enquiry and report on suicide etc., to the nearest Executive Magistrate. 175 -Powers to summon persons. 176 -Enquiry by Magistrate into cause of death. Withdrawal of Cases : Section Subject 411 -Making over a withdrawal of cases by Executive Magistrates. 412 -Reasons to be recorded. Contd.. Slide 12 ANALYSIS OF IMPORTANT SECTIONS Executive Magistrates : In every District, the following Officers are appointed by virtue of the offices held by them as Executive Magistrates by the Government U/S 20 Cr.P.C. Designation Appointed as Local Jurisdiction (1) (2) (3) 1. Dist. CollectorDistrict Magistrate Entire District 2.Joint CollectorAddl.Dist. Magistrate Entire District 3.Dist.Rev.OfficerAddl.Dist. Magistrate Entire District 4.Rev.Divil.OfficerSub Divisional Magistrate Entire Revenue Div. 5.M.R.O.Mandal Executive Mag. Entire Mandal Addl. District 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. Contd.. Slide 13 The Dy. Collectors or MRO cadre officers or Dy. Tahsildars may be appointed as Special Executive Magistrates by Govt. to handle urgent law and order problems on the special occasions. (Sec. 21) In the Cities of Hyderabad and Secunderabad, Vijayawada and Visakhapatnam, the Commissioners of Police are conferred the powers of Executive Magistrates. All Executive Magistrates other than Addl. District Magistrates shall be subordinate to the District Magistrate. Executive Magistrates in Sub-Division are also subordinate to the Sub-Divisional Magistrates. Contd.. Slide 14 Security in keeping peace and tranquility Section 107 : The main objective of the Section is preventive and not punitive. It enables the Executive Magistrate to take measures with a view to prevent commission of offences involving breach of peace or disturbance to public tranquility. Breach of peace and disturbance to public tranquility arises due to : - Religious Processions -Festivals - Elections - Political Movements - Supremacy in the Village - Disputes due to factions - Group Rivalry etc., Contd.. Slide 15 PROCEDURE : When an Executive Magistrate receives information (FIR) or from the public that any person is likely to commit a breach of the peace or disturb the public tranquility and if is of the opinion that there are sufficient grounds, he should initiate action under Section 107 Cr.P.C. On satisfaction, he shall make an order in writing under Section 111 setting for the substance of the information received, the amount of the bond to be executed and directing the respondents to show-cause as to why they should not be ordered to execute a bond for Rs. . with or without sureties. On appointed date and time when all the respondents present the contents of the Section 111 are explained under Section 112 duly questioning the admission or denial of the offence and enquiry commences under Section 116(1). Contd.. Slide 16 When the Executive Magistrate considers that immediate measures are necessary for the prevention of the breach of peace, directs the respondents to execute interim bonds for the amount with sureties as indicated in Section 111 till the completion of enquiry. After conducting enquiry if it is proved that it is necessary for keeping the peace or maintaining good behaviour, the Executive Magistrate shall make an order in writing under Section 117 directing the respondents to executive bonds. If the allegations are not proved, the Executive Magistrate shall discharge the respondents. The order should be pronounced in open Court. The Enquiry shall be completed within a period of 6 months from the date of its commencement and expiry of the said period, the proceedings stand terminated. Contd.. Slide 17 Dispersal of unlawful assemblies Section 129: Any Executive Magistrate or any Police Officer not below the rank of Sub-Inspector may command any unlawful assembly or any assembly of five or more persons like to cause a disturbance of the public peace, to disperse, and it shall thereupon the duty of the members of such assembly to disperse accordingly. If they do not disperse, the above officers may proceed to disperse such assembly by force. Firing shall be ordered only as last resort after using lathis or tear gas. Contd.. Slide 18 Conditional Order for Removal of NuisanceSection 133: Section 133 empowers the Executive Magistrate to deal with the public nuisances or to deal with the removal of public nuisances. CATEGORIES OF PUBLIC NUISANCES : - Any unlawful obstruction or nuisance from any public place or from any way, river or channel, which is or may be lawfully used by the public. - The conduct of any trade or occupation, or keeping of any goods or merchandise, is injurious to the health or physical comfort of the community. - The construction of any building or disposal of any substance, as is likely to occasion conflagration or explosion. -