Duty Megistrate Power
Ranjeet Singh chauhan
(Querist) 20 March 2011
This query is : Resolved
Hi,
I tried to search for an act called Duty Magistrate dang prakrya 1973. Please help me to find this and also te me with th power being enjoyed by Duty Magistrate.
President
Ranjeet Singh
Social Empowerment & Welfare Association
Kirti Kar Tripathi
(Expert) 20 March 2011
It is not dang prakrya 1973 but Dand Prakriya Samhita, 1973 i.e. Criminal Procedure Code, 1973. In criminal procedure code no where the word "Duty Magistrate" is defined. But is classified in two categories i.e. Judicial Magistrate and Executive Magistrate. Section 3 (1) of the Code deals with Magistrate under the Act, which runs as follows
(1) In this Code, -
(a) any reference, without any qualifying words, to a Magistrate, shall be construed, unless the context otherwise requires, -
(i)in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate;
(ii)in relation to a metropolitan area, as a reference to a Metropolitan Magistrate;
(b) any reference to a Magistrate of the second class shall, in relation to an area outside a metropolitan area, be construed as a reference to a Judicial Magistrate of the second class, and, in relation to a metropolitan area, as a reference to a Metropolitan Magistrate;
(c) any reference to a Magistrate of the first class shall, -
(i)in relation to a metropolitan area, be construed as a reference to a Metropolitan Magistrate exercising jurisdiction in that area,
(ii)in relation to any other area, be construed as a reference to a Judicial Magistrate of the first class exercising jurisdiction in that area;
(d) any reference to the Chief Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Chief Metropolitan Magistrate exercising jurisdiction in that area.
(2) In this Code, unless the context otherwise requires, any reference to the Court of a Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Court of the Metropolitan Magistrate for that area.
(3) Unless the context otherwise requires, any reference in any enactment passed before the commencement of this Code, -
(a) to a Magistrate of the first class, shall be construed as a reference to a Judicial Magistrate of the first class;
(b) to a Magistrate of the second class or of the third class, shall be construed as a reference to a Judicial Magistrate of the second class;
(c) to a Presidency Magistrate or Chief Presidency Magistrate, shall be construed as a reference, respectively, to a Metropolitan Magistrate or the Chief Metropolitan Magistrate;
(d) to any area which is included in a metropolitan area, as a reference to such metropolitan area, and any reference to a Magistrate of the first class or of the second class in relation to such area, shall be construed as reference to the Metropolitan Magistrate exercising jurisdiction in such area.
(4) Where, under any law, other than this Code, the function exercisable by a Magistrate relate to matters-
(a) which involve the appreciation or sifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court,they shall, subject to the provisions of this Code, be exercisable by a Judicial Magistrate; or
(b) which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an Executive Magistrate.
So for as the word "Duty Magistrate" is concernedI understand mean Magistrate on duty.
Ranjeet Singh chauhan
(Querist) 21 March 2011
Hi TriPthi Ji,
Thanks a lot for your valuable time. I really value your detailed explanation on the matter above. Please click on link of the news that was published on DAinik Jagran,
http://in.jagran.yahoo.com/news/local/haryana/4_6_7468958_1.html
How is it possible that the GM of Haryana Roadways an HCS officer can be appointed as Duty Magistrate. Does he possess the qualification of being the magistrate.
Please help me with if you can get further info in this matter...
Kirti Kar Tripathi
(Expert) 21 March 2011
As GM, Hariyana Roadways, she cannot be appointed as Duty Magistrate but as HCS Officer, he can be appointed as Duty Magistrate being Executive Magistrate.
Ranjeet Singh chauhan
(Querist) 22 March 2011
Thanks for Your Help Sir.
I am really greatful for your help
