2. Role of Executive
Magistrates..
The executive magistrates are busy public
functionaries discharging multifarious duties
as well as judicial decision makings.
They preside over criminal courts within the
meaning of section 6 of the CrPC1973.
They also have manifold administrative
functions to discharge in the field. They are
possessed of statutory powers of various
kinds are natures.
They are expected to use their powers in
promotion of peace and advancement of
justice.
3. Powers of Executive
Magistrates..
Their powers come under various central
enactments and social legislations.
The functions exercisable by the
executive magistrate under the CrPC may
be executive……..administrative ….or
judicial . They generally exercise
executive or administrative functions.
4. Powers of Executive
Magistrates..
Every public power is a public trust and
each power has its imminent legal
limitations.
An executive magistrate is motivated to
act justly, fairly and in keeping with rule
of law and at the same time feels
inspired to function effectively without
fear or favour in the prevention of breach
of peace and suppression of criminal and
anti social acts.
6. Powers of District
Magistrates..CrPC-1973.
1. To restrict the local limits of each EM
within the district( The authority of the
District Magistrate is subject to control of
the State government. Every executive
magistrates except ADM will be under the
control of DM. Every executive magistrate
under SDM will be under his control.
Section 22(1) & 22(2).
14. Powers of Executive
Magistrates..CrPC-1973.
9. To enlarge the arrested person on
bail if the offence is bailable and the
person arrested furnishes security to
his satisfaction .
( EM- section 81.)
23. Powers of Executive
Magistrates..CrPC-1973.
16. To require search to be made for
letters or telegrams in the custody of
P&T authority pending the order of
Dm/CJM etc…..
( EM/JM/- section 92(2).)
24. Powers of Executive
Magistrates..CrPC-1973.
16. To require search to be made for
letters or telegrams in the custody of
P&T authority pending the order of
Dm/CJM etc…..
( EM/JM/- section 92(2).)
38. Powers of District
Magistrates..CrPC-1973.
30. To make over or withdraw from any magistrate
subordinate to him cases which have been
started before him or which have been made
over to any magistrate subordinate to him
respectively (any proceedings or inquiry before
an EM u/s- 107, 108, 109,110, 133,144,
145,146 and 176)
( DM/SDM section 41.)