Exe. Mag-2 Branch

Executive Magistrate exercises such power not directly but through the agency of Police. An executive magistrate has been described in terms of Section 20 of Code of Criminal Procedure, 1973, having been appointed by the State Government. Jurisdiction of the Executive Magistrate referred to Section 22 of Code of Criminal Procedure.

Some of the special powers of an Executive Magistrate are

  • to pass injunctions,
  • to stop public nuisance,
  • to prevent unlawful assembly,
  • to prevent disorder or apprehension of danger and / or breach of peace, procedure where dispute concerning land or water body is likely cause breach of peace,
  • attach such subject of dispute and to appoint receiver, procedure on dispute concerning right of use of land and water, to issue search warrant etc.
  • the Executive Magistrate is able to take measures with a view to prevent commission of offences involving breach of peace or disturbance of public tranquillity.
  • The Executive Magistrate empowered to held inquest into the cause of an unnatural or suspicious death, to take Dying declaration of a person intending to make of such statement, make enquiry on custodial death, justification of police firing and many more.

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