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Provisions related to power of Sub-divisional Magistrate, Executive Magistrate and District Magistrate under Code of Criminal Procedure
Sub-Divisional Magistrate
Section – 20 of the Code empowers the State Government to place an Executive Magistrate in charge of a sub-division known as the Sub-divisional Magistrate who and may relieve him of the charge as occasion requires.
Section – 23 of the Code states that every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall be subordinate to the Sub-divisional Magistrate, subject to the general control of the District Magistrate.
Section – 58 of the Code directs the officers who are in charge of police stations to report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without a warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.
Section - 94 of the Code states that the Sub-divisional Magistrate may upon information and after such
inquiry, as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale, or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorize any police officer above the rank of a constable to enter, with such assistance as may be required, such place, in order to search the same in the manner specified in the warrant, and to take possession of any property or article therein.
Section - 98 of the Code provides with the Sub-divisional Magistrates to restore the liberty of an unlawfully detained woman or the detention of a girl under the age of eighteen years for an unlawful purpose.
Section - 133of the Code states that on being empowered to that effect by the State Government, the Sub-divisional Magistrate make a conditional order requiring the person causing a public obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order to remove such obstruction or nuisance.
Section - 143 of the Code states that the Sub-divisional Magistrate may order any person not to repeat or continue a public nuisance under the definition of the Indian Penal Code. Section - 144 of the Code allows the Sub-divisional Magistrate empowered by the State Government to have the power to issue an order in urgent cases of nuisance or apprehended danger.
Section - 148 of the Code allows the Sub-divisional Magistrate to depute to any Magistrate subordinate to him to make the inquiry and may furnish him with such written instructions as may seem necessary for his guidance, and declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid, in case of local query.
Section – 174 of the Code directs the Sub-divisional Magistrate to proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighborhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted. Such report has to be duly signed by the Sub-divisional Magistrate.
Section – 411 of the Code authorizes any District Magistrate or Sub- Divisional Magistrate to:
(a) makeover, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him;
(b) Withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.
Executive Magistrate
Section-22 This section says that, subject to the control of state government the district magistrate may time to time define the local limits of the jurisdiction of the area where executive magistrate exercise all or any of its power.
Section-78 Under this section it says, that if any warrant has to be executed but it is outside the jurisdiction of such court then the court can directly forward it to any executive magistrate or Direct Superintendent of Police or Commissioner of Police under whose jurisdiction it can be executed and the executive magistrate or Direct Superintendent of Police or Commissioner of Police shall endorse his name thereon and if practicable cause it to be in the manner provided herein.
Section-81 It is given that, the executive magistrate shall if the person who is arrested appears to be the person intended by the court which issued a warrant, direct his removal in custody to such court.
Section-107 Under this section, it is given that, when an executive magistrate receives the information that any person is like to disturb the public tranquility and create chaos and there are sufficient to believe that, then the executive magistrate may require such person to show cause why he should not be ordered to execute a bond with or without the sureties for keeping the peace for such period, not exceeding one year, as he may think fit.
Section-108 This section, speaks about the power of the executive magistrate to ensure security for good behavior from the persons disseminating seditious matters.
Section-109 This section talks about the power of the executive magistrate on receiving the information about a suspected person taking precautions to conceal his presence and that there is a reason to believe that he is behaving such to commit a cognizable offense, the magistrate may hereinafter require a person to show cause why he should not be ordered to execute a bond as the magistrate thinks fit.
Section-110 This section speaks about the power of the executive magistrate to execute the bond and require a person to show cause why he should not be ordered to execute a bond with or without sureties for his good behavior for such period, not exceeding 3 years in the case of security for good behavior from habitual offenders.
Section-129 (1) Under this section it is given that any executive magistrate or any officer in charge of a police station may command any unlawful assembly or assembly of people likely to disrupt the public peace to disperse.
129(2) on the command, if such an assembly does not disperse then the executive magistrate or the police in charge may proceed to disperse such assembly by force.
Section-130 If any such assembly does not disperse and it becomes necessary for the public security that it is dispersed, then the executive magistrate of the highest rank who is present may cause it to be dispersed by the armed forces.
Section-133 Under this section, the executive magistrate on receiving information and on taking such evidence which shows nuisance may pass a conditional order to such person who is creating a nuisance for removal of the nuisance.
Section-143 Under this section, the executive magistrate empowered by the state government or the district magistrate on this behalf may order a person to not continue public nuisance as it is defined under the Indian Penal Code.
Section-144 Under this section, Executive Magistrate, Sub-Divisional Magistrate or District Magistrate specially empowered by the state government, may issue orders in urgent cases of apprehending danger and nuisance, to abstain a person when such magistrate believes that such direction can prevent obstruction, annoyance, or injury to any person lawfully employed or for the safety of human life, etc.
Section-145 Under this section, an executive magistrate in a procedure where dispute concerning land or water is likely to cause a breach of peace within his jurisdiction shall make an order in writing requiring the parties of the concerned dispute to attend his court in person or by pleader, on a specified date and time.
Section-147 Under this section, when the executive magistrate is satisfied from the report of a police officer or upon other information, within his jurisdiction that a dispute likely to disturb the tranquility of the peace exists regarding any alleged right of use of any land or water whether such right is claimed as an easement or otherwise, he shall make an order in writing requiring the parties of the concerned dispute to attend his court in person or by pleader, on a specified date and time.
Section-174 It is given, in this section that these magistrates are empowered to hold inquests namely, district magistrate and any sub-divisional magistrate and executive magistrate specially empowered on this behalf by the district magistrate or the state government.
Section-291A Under this section, it is mentioned that any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial, or other proceedings under this Code, although such Magistrate is not called as a witness.
Section-297 Under this section, one of the authorities before whom affidavits may be sworn is the executive magistrate.
Section-411 This section prescribes the withdrawal and making over of the cases by the executive magistrate.
District Magistrate
Section-20(4A) under this section, the state as may deem fit can delegate its power to district magistrate by general or special order.
Section-22 Under this section, the district magistrate, subject to the control of state government may from time to time define the local area for the jurisdiction of the executive magistrate.
Section-23(2) this section prescribes that the district magistrate may from time to time give special orders or make rules, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate, consistent to this code.
Section-25(3) It is given under this section that, in case, the district magistrate may appoint any person as a public prosecutor in charge of a particular case if no public prosecutor is available in that particular case.
Section-35(3) Under this section, it is given that, When there is any doubt as to who is the successor-in-office of any Magistrate, the district magistrate or the Chief Judicial Magistrate shall determine by a written order the magistrate, who shall, for the purpose of this code be deemed to be the successor office-in-charge of such magistrate.
Section-58 Under this section, the police officer in charge shall report to the district magistrates or Sub-divisional magistrate about the case where people were arrested without a warrant, whether such person has been admitted to bail or not.
Section-92 This section prescribes that, If any document, parcel, etc, in the custody of a
postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court is required for the purpose of investigation or other proceedings under this code then such Magistrate or Court may require the postal or telegraph authority to deliver the document, parcel, etc, to such person as the Magistrate or the Court directs
Section-94 Under this section, if the district magistrate upon information suspects a place is used for the deposit of stolen things, then he may direct the police officer to search such a place.
Section-97 Under this section, if district magistrates have a reason to believe that a person is confined and such confinement may amount to an offense then he can direct a search warrant for such person.
Section-98 Under this section, the district magistrate has the power to restore the abducted woman, it says, if a complaint is made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years for any unlawful purpose, a District Magistrate age of eighteen years for any unlawful purpose, a District Magistrate can make an immediate order for restoration of such woman.
Section-105F Under this section, the court may appoint a district magistrate or any other person nominated by the district magistrate for the management of property seized or forfeited under this chapter.
Section-123 This section prescribes that, whenever the district magistrate believes that a person imprisoned for failing to give security under this section may be released without hazard to such community, he may pass an order for the discharge of such a person.
Section-133 Under this section, whenever any district magistrate or sub-divisional magistrate or the executive magistrate on receiving information and on taking such evidence which shows nuisance may pass a conditional order to such person who is creating a nuisance for removal of the nuisance.
Section-143 Under this section, the district magistrate or the sub-divisional magistrate, or the executive magistrate empowered by the state government on this behalf may order a person to not continue public nuisance as it is defined under the Indian Penal Code.
Section-144 Under this section, the district magistrate, Executive Magistrate or Sub-Divisional Magistrate specially empowered by the state government, may issue orders in urgent cases of apprehending danger and nuisance, to abstain a person when such magistrate believes that such direction can prevent obstruction, annoyance, or injury to any person lawfully employed or for the safety of human life, etc.
Section-148 Under this section, it is given that, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid, whenever a local inquiry is necessary for the purpose of Section-145,146 or 147.
Section-365 Under this section, the code says that, in the cases that are tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.
Section-378(a) under this section, it is given that, the District Magistrate may, in such case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a non-bailable and cognizable offense.
Section-411 Under this section, it is given that, any district magistrate; sub-divisional magistrate or executive magistrate may withdrawal and makeover the cases.
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