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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.
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..
• 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 1st 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 – 1st Schedule
contains classification of offences and 2nd Schedule contains 56 Forms
required to be used.
Contd..
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 MagistrateContd..
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..
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..
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 bondContd..
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..
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..
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..
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..
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. 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.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..
• 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..
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..
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..
• 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..
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..
Conditional Order for Removal of Nuisance–Section 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.
- Any building, tent, structure, or tree which is likely to fall and thereby cause
injury to persons.
- Any tank, well or excavation adjacent to any such way or public place.
- Any dangerous animal, which requires to be destroyed confined or otherwise
disposed of.
Contd..
• The Executive Magistrate may make a conditional order requiring the
person causing such nuisance to remove such nuisance within time
specified and show-cause why the order should not be made absolute.
• The order passed if practicable to be served on the person and it cannot
be served, it should be notified by proclamation and copy thereof shall
be struck-up at a conspicuous place.
• If the conditional order not complied with, conditional order shall be
made absolute.
• Also punishable under Section 188 IPC (simple imprisonment for one
month or fine of Rs.200 or both)
• During the enquiry, the Executive Magistrate finds that there is reliable
evidence in support of denial by the respondent, he shall stay the
proceedings until the matter is decided by the competent court.
• No order duly made by the Executive Magistrate under Section 133
shall be called in question in any Civil Court. Contd..
Power to issue order in urgent cases of nuisance or apprehended
danger – Section 144 :• Preservation of the public peace and tranquility is the primary function of
the Government and aforesaid power is conferred on the Executive
Magistrate to enable him to perform that function effectively during the
emergent situations.• If the Executive Magistrate on receipt of the Requisition from the Police,
is of the opinion that there is sufficient ground for proceeding under this
Section and immediate prevention or speedy remedy is desirable, he
may be issue a written order stating the material facts of the case,
direct any person to abstain from certain Act etc., • The order to specify the period for which it will remain in force and the
area covered by it. The order will be in force for a maximum period of
two months.• In case of emergency or in cases where the circumstances do not admit
of the serving in due time of a notice upon the person against whom the
order is directed be passed ex-parte. The order to be proclaimed by
public announcement and display at important places. Contd..
Dispute concerning land or water is likely to cause breach of peace
– Section 145 :
• Where there is a dispute between two parties / groups over the
possession of land, water of the boundaries thereof and if the dispute is
likely to cause a breach of the peace and on receipt of report of Police
Officer or upon other information, the Executive Magistrate having
jurisdiction in the matter, should take action U/s 145 Cr.P.C.
• After due enquiry, if the Executive Magistrate decides that one of the
parties was or should be treated as being in such possession, he shall
declare that possession in his favour.
• He the Executive Magistrate is not satisfied as to which of the party was
in possession of the property, he may pass orders transferring the case
to the District Judge for further proceedings as per Law.
Contd..
• After making order under Section 145(1), the Executive Magistrate
considers the case to be one of the emergency or that none of the
parties was in such possession or if he is unable to satisfy himself who
is in possession of the subject in dispute, may attach the subject of
dispute until Civil Court determines the rights of the parties.
• The mere pendency of a Civil Suit regarding the subject matter of
dispute will not deprive the jurisdiction of the Executive Magistrate to
take action U/s 145 Cr.P.C.
• Simultaneous proceedings U/s 107 Cr.P.C. & 145 Cr.P.C between the
same parties not barred.
Contd..
Inquiry into Cases of sudden unnatural deaths, suicides etc.,
– Section 174 :
• The Inquest is the inquiry to ascertain apparent cause of death. The
question as to how the deceased was assaulted or who assaulted him
or under what circumstances will not fall within the ambit and scope of
the proceedings under Section 174 Cr.P.C.
• The Police Officer shall immediately give intimation to the nearest
Executive Magistrate in all cases of sudden and unnatural deaths like
suicide or accident or death due to any machinery or animal or under
circumstances raising reasonable suspicion that some other
person has committed an offence.
• On receiving information, the Executive Magistrate should proceed to
the place immediately where the body of such deceased person is and
on arrival, the presence of two or more inhabitants of the locality and the
blood relations of the deceased and any witnesses are secured and
start the inquest.Contd..
• The following points are to be noted as accurately as possible :
- The Nature of the surroundings where the body lies. - The exact position of the dead body. - Accurate description of all various injuries, fractures etc., seen on
the body. - The probable weapon with which the injuries might have been
inflicted.
- The details of the properties found on the body. - The marks of identification and other special features that go to
establish the identity of the body.• All the relevant columns of the inquest report should be accurately filled
up by the Executive Magistrate in his own hand and opinion of the Panchayatdars regarding the apparent cause of death should be mentioned in the relevant column.
• In case of death of married woman within 7 years of her marriage, Executive Magistrate should conduct inquest and after the inquest, the body to be forwarded to the nearest Civil Surgeon for conducting post - mortum examination.
Contd..
Inquiry by Executive Magistrate into cause of Death – Section 176 :
• In all cases of death in police custody either actual or constructive and
in all cases where a married woman dies within 7 years of her marriage
either by suicide or other circumstances raising a reasonable, suspicion
that some other person committed an offence in relation to such woman,
inquest has to be held by an Executive Magistrate.
Exhumation / Disinterrment – Section 176 (3) :
• In cases where the death body is buried (interred) and it is considered
that the body has to be dug out (Exhumed/Disinterred) for the purposes
of examining it, the Executive Magistrate, having jurisdiction, in order to
discover the cause of the death make an order in writing permitting the
body to be exhumed / disinterred.
• Wherever practicable should inform the relatives of the decreased
whose names and addressed are known and shall allow them to remain
present at the inquiry.
Contd..
• He should get the grave properly identified by the relatives or other
persons before ordering the opening of the grave.
• It may be noted that opening a grave is interference with the dead and
will amount to an offence, if a wrong grave is opened.
• The items of clothing etc., should be noted, and the body then got lifted
out of the grave and inquest after the body is identified by someone to
the satisfaction of the Executive Magistrate.
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