Powers of Executive Magistrates

The primary distinction between Judicial and Executive Magistrate lies in the mode of their appointment and responsibility:

(i) While Judicial Magistrates are appointed by the High Court, Executive Magistrates are appointed by the state.

(ii) while all Judicial Magistrates are subordinate to and under the control the Sessions Judge through the Chief Judicial Magistrate, and under the ultimate control and supervision of the High Court, Executive Magistrates are appointed are subordinate to the District Magistrate, the latter being obviously under the administrative control of the state Government.

                However, any order made by an Executive Magistrate is subject to the revisional jurisdiction of the High Court or a Sessions Judge.

       The powers which are conferred on Executive Magistrates under the new Code is administrative and are, at best, quashi-judicial. For example:

(i)  arrest for offences committed in his presence;

(ii) control over persons arrested without warrant by the police;

(iii) execution of warrant under orders of the court;

(iv) power to require the postal authority to deliver any document necessary for investigation, etc.;

(v) issue of search warrants and to direct search in his presence;

(vi) compelling the restoration of abducted woman;

(vii) ordering security for keeping the peace in cases other than on conviction, ordering imprisonment in default of security;

(viii) prohibitory orders in cases of nuisance or apprehended danger or dispute as to immovable property or dispute relating to land or water;

(ix) to hold inquests into cases of suicide, accident or suspicious death;

(x) power to issue commission for examination for examination of witnesses;

(xi) making complaints;

(xii) affidavits may be sworn before any judge or Magistrate;

(xiii) power to hold local inspection;

(xiv) transfer or withdrawal of any case under section 411;

(xv) disposal of property seized by police which is not produced before a Criminal Court;

(xvi) discharge of sureties under section 444 of the Code of Criminal Procedure, 1973;

(xvii) power to forfeit bonds and impose penalty, under para 2 of section 446(1) read with section 107 of the Code of Criminal Procedure, 1973;