Executive Magistrates in election process


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Executive Magistrates in election process

  1. 1. SPL.Executive Magistrates & Executive Magistrates
  2. 2. 1.High Court 2.Court of Sessions 3.Judicial Magistrates 4.Executive Magistrates (Sec 6 to 24 of the CrPC- Other than HC)
  3. 3. The separation of Judiciary from the Executive led to the establishment of two categories of Magistrates : 1. Judicial Magistrates 2. Executive Magistrates
  4. 4.  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
  5. 5.  An offence means any act or omission  Punishable by Law (Sec 2 (n) of CrPC)
  6. 6.  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  Eg: laws also mention such offences IPC- 143- Member of an unlawful assembly RPA 1951-130-Canvassing in/near the PS is prohibited (Sec 2(c) CrPC)
  7. 7.  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)
  8. 8. 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
  9. 9.  An allegation made orally or in writing  Allegations  To to be made to the Magistrate 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)
  10. 10.  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 )
  11. 11.  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.
  12. 12.  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
  13. 13. 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..
  14. 14.  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
  15. 15.  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
  16. 16.  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.
  17. 17.  80. Procedure of arrest of person against whom warrant issued:  When  The warrant is executed outside the district person arrested shall be brought before the nearest EM, if the issuing court is beyond 30 Kms
  18. 18.  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
  19. 19. 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.
  20. 20.  91. Power to issue Summons to produce documents or things  93. Power to issue search warrants  97.Search  98. for persons wrongfully confined Power to compel restoration of abducted females
  21. 21. 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.
  22. 22.  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
  23. 23.  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
  24. 24.  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
  25. 25.  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
  26. 26.  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
  27. 27.  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
  28. 28.  144. Power to issue order in urgent cases of nuisance or apprehended danger  Immediate desirable prevention or speedy remedy is
  29. 29. !. 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
  30. 30.  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)
  31. 31.  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)
  32. 32.  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)
  33. 33.  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)
  34. 34.  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.)
  35. 35.  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.)
  36. 36.  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)
  37. 37. Electoral Offences under RP Act, 1951     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
  38. 38. 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
  39. 39. RP Act, 1951  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.
  40. 40. RP Act, 1951 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 
  41. 41. RP Act, 1951  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.
  42. 42. Thank You