Powers of executive magistrate in Kerala Land Revenue Department ppt from James Joseph Adhikarathil

POWERS OF

EXECUTIVE MAGISTRATES. T. James Joseph

Role of Executive Magistrates.. 

The executive magistrates are busy public functionaries discharging multifarious duties as well as judicial decision makings.

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They preside over criminal courts within the meaning of section 6 of the CrPC1973.

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They also have manifold administrative functions to discharge in the field. They are possessed of statutory powers of various kinds are natures.

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They are expected to use their powers in promotion of peace and advancement of justice.

Powers of Executive Magistrates.. 

Their powers come under various central enactments and social legislations.

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The functions exercisable by the executive magistrate under the CrPC may be executive……..administrative ….or judicial . They generally exercise executive or administrative functions.

Powers of Executive Magistrates.. ď ľ

Every public power is a public trust and each power has its imminent legal limitations.

ď ľ

An executive magistrate is motivated to act justly, fairly and in keeping with rule of law and at the same time feels inspired to function effectively without fear or favour in the prevention of breach of peace and suppression of criminal and anti social acts.

Powers of District Magistrates..CrPC-1973.

1.

Appointment of District magistrate,ADM and Executive magistrate by State Government.

Section 20& 21

Powers of District Magistrates..CrPC-1973.

1.

To restrict the local limits of each EM within the district( The authority of the District Magistrate is subject to control of the State government. Every executive magistrates except ADM will be under the control of DM. Every executive magistrate under SDM will be under his control.

Section 22(1) & 22(2).

Powers of District Magistrates..CrPC-1973.

3. To allot buisiness to the Additional District Magistrate..

Section 23(2).

Powers of District Magistrates..CrPC-1973.

4. To conferer upon ADM all or any powers of the District Magistrate.

( This power is only with the state Government.)

Powers of Executive Magistrates..CrPC-1973.

5. Power to arrest by EM or order to arrest.

( EM section 44.)

Powers of Executive Magistrates..CrPC-1973.

5. To be reported by O/C about the cases or persons arrested without warrant.

( D.M/SDM- section 58.)

Powers of Executive Magistrates..CrPC-1973.

6. To enforce warrant of arrest issued by an outside court for execution within the local limits of his jurisdiction..

( EM- section 79.)

Powers of Executive Magistrates..CrPC-1973.

7. To allow the arrested person to be produced before him

( EM/SP/CP- section 80.)

Powers of Executive Magistrates..CrPC-1973.

8. To direct the removal of the arrested person in custody to court which issued warrant.

( EM- section 81.)

Powers of Executive Magistrates..CrPC-1973.

9. To enlarge the arrested person on bail if the offence is bailable and the person arrested furnishes security to his satisfaction .

( EM- section 81.)

Powers of Executive Magistrates..CrPC-1973.

10. To proclaim a person absconded.

Any court including.

( EM- section 82.)

Powers of Executive Magistrates..CrPC-1973.

11. To order attachment of property.

Any court including.

( EM- section 83.)

Powers of Executive Magistrates..CrPC-1973.

11. To order attachment of property.

Any court including.

( EM- section 83.)

Powers of Executive Magistrates..CrPC-1973.

12. To compel production of things for enquiry.

( EM- section 91.)

Powers of Executive Magistrates..CrPC-1973.

12. To compel production of things for enquiry.

( EM- section 91.)

Powers of Executive Magistrates..CrPC-1973.

13. To require search to be made for letters and telegrams .

( DM/CJM/Sessions/High Courtsection 92(1).)

Powers of Executive Magistrates..CrPC-1973.

14. To issue search warrant.

( DM/SDM/JM/High Court- section 93(3).)

Powers of Executive Magistrates..CrPC-1973.

15. To issue search warrant or to make orders.

( DM/SDM/JM/- section 92(2).)

Powers of Executive Magistrates..CrPC-1973.

16. To require search to be made for letters or telegrams in the custody of P&T authority pending the order of Dm/CJM etc‌..

( EM/JM/- section 92(2).)

Powers of Executive Magistrates..CrPC-1973.

16. To require search to be made for letters or telegrams in the custody of P&T authority pending the order of Dm/CJM etc‌..

( EM/JM/- section 92(2).)

Powers of Executive Magistrates..CrPC-1973.

17. To impound any document or thing‌..

( Any court/EM- section 104)

Powers of Executive Magistrates..CrPC-1973.

18. To give notice and require a person to perform the act directed‌..

( EM- section 141.)

Powers of Executive Magistrates..CrPC-1973.

19. To intervene and tackle a dispute concerning land or water which is likely to cause breach of peace‌..

( EM- section 145(1).)

Powers of Executive Magistrates..CrPC-1973.

20. To attach the subject of dispute and appoint a receiver‌.

( EM- section 146(2).)

Powers of Executive Magistrates..CrPC-1973.

21. To take preventive measures in a dispute of land and water.

( EM- section 147.)

Powers of Executive Magistrates..CrPC-1973.

22. To make an order declaring the possession.

( EM- section 145(6).)

Powers of Executive Magistrates..CrPC-1973.

23. To hold local enquiry..

( EM- section 148.)

Powers of Executive Magistrates..CrPC-1973.

24. To remand for an accused to custody during investigation in the absence of a judicial magistrate..

( EM- section 167(2).)

Powers of Executive Magistrates..CrPC-1973.

25. To issue commisssion for the examination of witnesses...

( EM- section 284.)

Powers of Executive Magistrates..CrPC-1973.

26. To make complaint under section 340(1) for offences against the administration of justice‌

( court including 340(1) read with section 195.)

Powers of Executive Magistrates..CrPC-1973.

27. To order costs in the context of filing complaint court including ‌

( court including 342. )

Powers of Executive Magistrates..CrPC-1973.

28. To forward the contempt case to the Judicial Magistrate for trial‌.

( EM section 346(1). )

Powers of Executive Magistrates..CrPC-1973.

29. To convict and punish persons under sec.344,345 & 350 CrPC….

( .)

Powers of District Magistrates..CrPC-1973.

30. To make over or withdraw from any magistrate subordinate to him cases which have been started before him or which have been made over to any magistrate subordinate to him respectively (any proceedings or inquiry before an EM u/s- 107, 108, 109,110, 133,144, 145,146 and 176)

( DM/SDM section 41.)

Powers of Executive Magistrates..CrPC-1973.

31. Issuing process to compel appearance.)

Powers of Executive Magistrates..CrPC-1973.

32. Taking and recording of evidences in inquiries..)

Powers of Executive Magistrates..CrPC-1973.

33. Disposal of property pending enquiry and at the conclusion of inquiry..

EM section 451 to 459

Powers of District Magistrates..KERALA POLICE ACT. 33. Disposal of property pending enquiry and at the conclusion of inquiry..

EM section 451 to 459

Thank You!! ď ľ

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T. JAMES JOSEPH MOB -9447464502 WEB- www.slideshare.net.in/mysandesham.

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