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.
 They preside over criminal courts within the
meaning of section 6 of the CrPC1973.
 They also have manifold administrative
functions to discharge in the field. They are
possessed of statutory powers of various
kinds are natures.
 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.

 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..
 Every public power is a public trust and
each power has its imminent legal
limitations.
 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 Court-
section 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!!

 .

T. JAMES JOSEPH MOB -9447464502

WEB- www.slideshare.net.in/mysandesham.
Face Book -Kerala Laws on Land