SPL.Executive Magistrates & Executive Magistrates
1.High Court
2.Court of Sessions
3.Judicial Magistrates
4.Executive Magistrates
(Sec 6 to 24 of the CrPC- Other than HC)
The separation of Judiciary from the Executive led to the establishment of two categories of Magistrates :
1. Judicial Magistrates 2. Executive Magistrates
Judicial Magistrates are under the control of the High Court and their functions are judicial in nature
The Executive Magistrates are under the control of the State Government and their functions are in the nature of Police / Administrative functions
An offence means any act or omission
Punishable by Law (Sec 2 (n) of CrPC)
An Offence for which a Police Officer can arrest without Warrant
First Schedule of the code contains a list of such offences from the IPC
Other laws also mention such offences
Eg: IPC- 143- Member of an unlawful assembly RPA 1951-130-Canvassing in/near the PS is
prohibited (Sec 2(c) CrPC)
An offence wherein a Police Officer cannot arrest without a Warrant
He must get an order from a Magistrate to arrest the accused
Eg: IPC- 168-Public Servant unlawfully engaging in trade (Sec 2(l) CrPC)
Cognizable Serious offences Can arrest w/out
warrant Can investigate
w/out the permission of Magistrate
No complaint is necessary
Non cognizable Minor/less serious
offences Can not be arrested so
Can not lnvestigate
Complaint is necessary
An allegation made orally or in writing
Allegations to be made to the Magistrate
To enable the Magistrate to take action
May be made by the aggrieved or by any other person (Ex.A Police Officer)
Not to be a Police Report (Sec 2(d) CrPC)
The state Govt appoints EM u/s 20 CrPC
The state Govt appoints SEM u/s 21 CrPC
The DM defines the local jurisdiction of EMs (Sec 22 CrPC)
Subordination of EMs (Sec 23 CrPC )
37. Public to assist Magistrates and Police
!. To prevent escape
!. To take on arrest
!. To prevent breach of peace
!. To prevent injury to railway,canal,telegraph,
public property.
39.Public to give information of offences!. Offences against the state!. Offences against the tranquility!. Offences relating to illegal gratification!. Offences relating to adulteration of food
and drugs!. Offences affecting life!. Offences relating to kidnapping!. Offences relating to theft, robbery,
dacoity, house trespass, currency notes, bank notes
Power to receive info from village:
40. Duty of officers employed i/c/w/the affairs of a village to make certain reports :
Who must report ?, Member of Village Panchayat / Headman /
VAO/ Resident of the Village. About What ? Dealers in stolen property, thugs, escaped
convict, intention to commit a non bailable offence, offence relating to unlawful assembly, rioting, murder, coins , currency notes etc..
44. Arrest by Magistrate:(1) If any offence is committed, in his presence In his jurisdiction He may himself arrest Order any person to arrest Commit the offender to custody(2) Any time , he may arrest or direct to arrest in
his presence, in his jurisdiction, any person to whom he can issue a warrant of arrest
78. Warrant forwarded for execution outside jurisdiction:
!.The court issuing such warrant may send by post to an EM having jurisdiction
!. The EM shall endorse and direct a Police Officer to execute the same
79. Warrant directed to a Police Officerfor execution outside jurisdiction:
!. The Police Officer ordinarily take it for endorsement to the EM /SHO having jurisdiction for endorsement.
!. After endorsement he shall execute the warrant.
80. Procedure of arrest of person against whom warrant issued:
When warrant is executed outside the district
The person arrested shall be brought before the nearest EM, if the issuing court is beyond 30 Kms
81. Procedure by Magistrate before whom such person arrested is brought:
The EM shall direct his removal to the court that issued warrant
Can release him on bail, if it is bailable offence
82. Proclamation of person absconding
An Executive Magistrate can issue proclamation for a person who is absconding from proceedings.
83. Attachment of property of person absconding:
Can order attachment of property- movable/ immovable / both of a proclaimed offender.
91. Power to issue Summons to produce documents or things
93. Power to issue search warrants
97.Search for persons wrongfully confined
98. Power to compel restoration of abducted females
OBJECT OF 107 Cr.P.C
The main object of this Section is “Preventive and not Punitive”.
This Section is to enable the Executive Magistrate to take measures with a view to prevent commission of offences, involving breach of the peace or disturbance to public tranquility.
107. Security for keeping peace in other cases:
!.When the EM receives info that a person is
!.likely to cause breach of peace/public tranquility/to do any wrongful act
!. Order that person to execute a bond
!. With or without sureties
!. For a period not exceeding one year
108. Security for good behaviour from persons disseminating seditious matters:
When the EM receives info that a person is Disseminating seditious matters, defaming/ criminally
intimidating a judge, circulates obscene matter
Order that person to execute a bond with or without sureties, for a period not exceeding one year
109: Security for good behaviour from suspected persons:
A person taking precautions to conceal his presence
With a view to commit a cognisable offence
Can be ordered to execute a bond with or without sureties
For one year
110.Security for good behaviour from habitual offenders:
A person who is a robber, a house breaker, a thief, a forger, receiver of stolen property , offender involving breach of peace can be ordered to execute a bond
129. Dispersal of assembly by use of civil force
130.Use of Armed Forces to disperse assembly
131.Power of certain Armed Forces Officers
to disperse assembly
133. Conditional order for removal of nuisance:
On receiving info from police/other info and on taking evidence
May make conditional order To remove obstruction/ nuisance To regulate/prohibit/remove such trade or
occupation To prevent construction of building To remove/repair/support building To fence tank/well/excavation To destroy/confine/dispose off such
dangerous animals
144. Power to issue order in urgent cases of nuisance or apprehended danger
Immediate prevention or speedy remedy is desirable
!. 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
!.174.Police to enquire and report on suicide etc..
!.176.Inquiry by Magistrate into cause of death
171 B- Bribery
Any person giving or accepting gratification to induce a person to exercise his electoral right would commit the offence of bribery.
Gratification – Offering gratification, agreeing to give gratification, attempting to procure gratification shall be deemed as giving gratification
(Non cognisable- I year imp/fine/both)
171 C- Undue influence at elections
Any Act which voluntarily interferes or attempts to interfere with the free exercise of any electoral right.
Threatening,inducing
Object of Divine Displeasure/spiritual censure
(Non cognisable- I year imp/fine/both)
171 D- Personation at elections
Anybody who applies to vote or votes in the name of another
Does it in fictitious name
Commits Personation
(Cognisable- I year imp/fine/both)
171 G- False statement in connection with an election
Whoever makes or publishes false statements about the personal character / conduct of any candidate is punishable with fine
(Non cognizable)
171 H – Illegal payments in connection with an election
Expenditure done by any person/ organization for a candidate without his written permission would be considered illegal whether the expenditure is in relation to a public meeting, advertisements, publication or in any other way.
(Non cognizable- Fine Rs 500.)
171 I – Failure to keep election accounts
The candidate does not maintain an account of his election expenditure in the manner specified
(Non cognizable- Fine Rs 500.)
Seizure has to be done with proper Panchnama/ Acknowledgement
The authority whom to appeal and procedure for appeal must be mentioned in the seizure order
FIR to be lodged and also put in notice board of RO.
Copy forwarded to SP, DEO, Exp. Observer, Nodal Officer of Police and Police Observer
(If any)
Prohibition of Public Meeting during 48 hours ending with hour fixed for polling u/s.126
Disturbances at Election Meeting u/s.127 Restrictions on Printing of Pamphlets /
Posters u/s.127A Grant of Paid Holiday u/s 135B
Corrupt Practices u/s 123 of RP Act, 1951
Bribing of voters Undue Influence Promotion of Enmity / hatred Publication of false statements Free conveyance to electors Booth Capturing Obtaining any assistance of Govt.
Servants
125. Promoting enmity between classes in connection with election.
125A. Penalty for filing false affidavit, etc.
126. Prohibition of public meetings during period of 48 hours ending with hour fixed for conclusion of poll.
127. Disturbances at election meetings. 127A. Restrictions on the printing of
pamphlets, posters, etc.
128. Maintenance of secrecy of voting. 129. Officers, etc., at elections not to act for
candidates or to influence voting. 130. Prohibition of canvassing in or near polling
stations. 131. Penalty for disorderly conduct in or near
polling stations. 132. Penalty for misconduct at the polling station. 132A. Penalty for failure to observe procedure for
voting 133. Penalty for illegal hiring or procuring of
conveyances at elections. 134. Breaches of official duty in connection with
elections.
134A. Penalty for Government servants for acting as election agent, polling agent or counting agent.
134B. Prohibition of going armed to or near a polling station.
135. Removal of ballot papers from polling station to be an offence.
135B. Grant of paid holiday to employees on the day of poll.
135C. Liquor not to be sold, given or distributed on polling day.
136. Other offences and penalties there for.
Thank You