Code of Criminal Procedure, 1973

Special Executive Magistrates.

21. The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferable under this Code on Executive Magistrates, as it may deem fit.

COMMENTS

Executive Magistrate - Sections 20 and 21 provide for the appointment of the Executive Magistrates (i.e., the District Magistrate, Sub-divisional Magistrates and other Executive Magistrates) and Special Executive Magistrates. Sections 22 and 23 provide for local jurisdiction and subordination of the Executive Magistrates. These are as a consequence of the separation of the Judiciary from the Executive. The provisions are analogous to sections 10, 11, 12, 13 and 17 of the old Code.

Important features - Two important features may, however, be noted. Sub-section (5) of section 20 preserves the powers of the State Government under the relevant Police Act to confer on the Commissioner of Police powers of an Executive Magistrate. The second feature is that on the lines of special Judicial and Special Metropolitan Magistrates section 21 empowers the State Government to appoint Special Executive Magistrates. On this point, the Joint Committee of Parliament observed :

"A provision is necessary to enable the appointment of Special Executive Magistrates to meet special needs in relation to particular areas or for the performance of particular duties."