Barkatullah Vishwavidyalaya

Department of Legal Studies and Research

B.A. LL.B.(hons) , 3rd year ( sixth sem)

Role of Executive Majistrate in Criminal Justice

System
Subject – Law of Crimes-II Roll no. – 2280800011
Submitted by – Avantika Mishra Enrollment no. – R228088090088
Submitted to – Faraz Khan Email id –
Date of submission – 09/05/24 avantikas2021@gmail.com
 TABLE OF CONTENTS

01 02 03
INTRODUCTIO EXECUTIVE
APPOINTMENT MAGISTRATES
N Of Executive Magistrate Including local jurisdiction S.20, 21
About Executive Magistrate &22 of CrPC
[S.20(1)] of CrPC

04 05 06
Hierarchy ROLES CONCLUSIONS
Subordination of Executive Functions of Executive
Summary of roles
Magistrates (S.22) Majistrate in context of CrPC

Judicial
Magistrate
S.3(4)(a)which involve the
appreciation or sifting of
evidence or the formulation
of any decision which
exposes any person to any
punishment or penalty or
detention in custody pending
investigation, inquiry or trial
or would have the effect of
sending him for trial before
any Court.
Introduction
Executive
Magistrate
S.3(4)(b)which are administrative
or executive in nature, such
In general as, the granting of a licence,
the suspension or
In ancient Rome,a Magistratus
cancellation of a licence,
was one of the highest
sanctioning prosecution or
ranking govt officeers, and
withdrawing from a
possessed both judicial and
prosecution
executive powers.
In India , an Executive Magistrate
is an officer of the executive
branch rather than the
judicial branch.
 CURRENT
S.20 SITUATION
Executive Magistrates
& PROBLEMS
S.20 (1) Appointment
State Govt may appoint as many persons to be Executive Magistrate

S. 20(1) S.20(2) S.20(2)

DISTRICT ADD. DISTRICT SUB- DIVISIONAL
MAGITRATE MAGISTRATE MAGISTRATE
Appointed by SG , one from Shall have such powers of a One EM in charge of sub-
the Executive Magistrates District Magistrate division designated as SDM.
SUBORDINATION OF EXECUTIVE
MAGISTRATES
District
S.23
MAGISTRATE
• All Executive Magistrates, other than Additional
SUB- DIVISIONAL District Magistrates employed in a district, are
subordinate to the District Magistrate.
MAGISTRATE
• All Executive Magistrates attached to a Sub-Division

EXECUTIVE are subordinate to the Sub-Divisional Magistrate.

MAGISTRATE • Additional District Magistrates are not subordinate to

the District Magistrate.The ADM is, however, an officer
below the rank of DM.
ROLES OF EXECUTIVE MAGISTRATE
S.3(4)(b)
● The fns exercisable by a
Magistrate relates, to the ● ARREST BY
matters, which are
administrative or
executive in nature, such
as , the granting of a
licence, the suspension
or cncellation of a
licence, sanctioning a
prosecution or
withdrawing from
prosecution, be
exercisable by EM.
S.44
MAGISTRATE: If an
offense is committed
within the jurisdiction of
an Executive Magistrate
in his presence. He may
himself arrest the
offender or order his
arrest and follow the
procedure as to his
custody.
 ROLES OF EXECUTIVE MAGISTRATE
Warrant forwarded for the execution outside
S.78 jurisdiction

Warrant directed to PO for execution

S.79 outside jurisdiction
In warrant of
arrest S 80 Procedure on arrest of warrant against
whom warrant issued

Procedure by Mag. before whom such

S.81 person arrested is brought
 ROLE
ANALYSIS
IN SEARCH
OF THE
- WARRANTS
RESULTS
EM power to issue search
S.93 warrant
Search of place suspected to
S.94 contain stoten property,etc.
Search for person wrongfully
S.97 confined

S.98 Restoration of abducted females

Mag may direct search in his

S.103 presence
S.94,97,98 power of DM &
SDM
SECURITY FOR KEEPING THE PEACE AND
FOR GOOD BEHAVIOUR
An Executive Magistrate is competent to demand security as
indicated below:

(a) for keeping peace in cases otherwise than on

conviction ,S.107.

(b) for good behaviour from persons disseminating seditious

matters, s.108.

(c) for good behaviour from suspected persons, S.109.

(d) for good behaviour from habitual offender,S.110.

MAINTENANCE OF PUBLIC ORDER
AND TRANQUILITY
Urgent cases of
Power of EM to nuisance or
disperse Unlawful apprehended danger
Assembly A DM/ SDM/ any EM specially
S. 129(1), (2) , 130 empowered in this behalf by
the State government may, in
the circumstances set forth in
Section 144 Cr.P.C, direct any
Power to deal with person either to abstain from a
public nuisance certain act or to ake certain
order with regard to certain
S. 133, 137,138 property in his possession or
under his management.
 PURPOSE STATEMENT

WHAT ABOUT
Power of remand SATURN?
When a Judicial Magistrate is not available, an
accused may be forwarded by the police u/s 167
Cr.P.C, to the nearest Executive Magistrate, on
whom powers of a Judicial Magistrate or
Metropolitan Magistrate have been conferred. Such
Saturn is a gas giant and has several rings.
Executive Magistrate It's composed mostly of hydrogen
May authorise the detention of the accused for a term
not exceeding seven days vide sub section 2A of
Section 167
 MAINTENANCE OF PUBLIC ORDER
AND TRANQUILITY
Power to disperse Unlawful
assembly
● Any Executive Magistrate is
competent to command an unlawful
assembly, actual or potential, to
disperse vide Section 129(1).

● Any Executive Magistrate, may

disperse such assembly by use of Civil
Force vide Section 129.

● If such assembly cannot be dispersed

otherwise, the Executive Magistrate of
the highest rank present may cause it
to be dispersed by armed forces vide
Sec. 130.
 PURPOSE STATEMENT

WHAT ABOUT WHAT ABOUT WHAT ABOUT

MERCURY? SATURN? JUPITER?
It’s the closest planet to the Saturn is a gas giant and has
Sun and the smallest one in the several rings. It's composed
Solar System mostly of hydrogen
“This is a quote, words full of wisdom that
someone important said and can make the
reader get inspired.”
—SOMEONE FAMOUS

01
HYPOTHESIS 1
Neptune is the farthest planet
from the Sun. It's also the
fourth-largest planet by
diameter in the Solar System
HYPOTHESIS
03
HYPOTHESIS 3
02
Jupiter is big and it was named
HYPOTHESIS 2 after the Roman god of the
skies and lightning. It's the
Saturn is a gas giant and has fourth-brightest object in the
several rings. It's composed night sky
mostly of hydrogen and
helium. It was named after a
Roman god
A PICTURE IS
WORTH A
THOUSAND WORDS
 STUDY OBJECTIVES
Earth is the third planet from
IRREVERSIBLE the Sun

VIOLENCE AND Neptune is very far away from

the Sun
CRIME
JUSTICE Jupiter is the biggest planet in
the Solar System
SYSTEM
DISCRIMINATO Despite being red, Mars is
actually a cold place
RY
 LITERATURE REVIEW
● AUTHOR (YEAR). Title of the publication. Publisher
Mars is full of iron oxide dust, which gives the planet its color
● AUTHOR (YEAR). Title of the publication. Publisher
Jupiter is a gas giant and the biggest planet in the Solar System
● AUTHOR (YEAR). Title of the publication. Publisher
The Moon is Earth’s only natural satellite
● AUTHOR (YEAR). Title of the publication. Publisher
Earth is the third planet from the Sun and harbors life
● AUTHOR (YEAR). Title of the publication. Publisher
The Sun is the star at the center of the Solar System
 SUBORDINATION OF EXECUTIVE
MAGISTRATES
THEORETICAL FRAMEWORK

KEY TERMS
● Mercury is small
OUR
●
●
Earth harbors life
Jupiter is quite big
01 FRAMEWORK
Neptune is the farthest planet
Venus is the second
from the Sun
planet from the Sun. It’s
terribly hot, even hotter
02 than Mercury, and its
atmosphere is extremely
Saturn is composed of poisonous
hydrogen and helium
SUBORDINATION OF EXECUTIVE
MAGISTRATES
District
S.23
MAGISTRATE
• All Executive Magistrates, other than Additional
SUB- DIVISIONAL District Magistrates employed in a district, are
subordinate to the District Magistrate.
MAGISTRATE
• All Executive Magistrates attached to a Sub-Division

EXECUTIVE are subordinate to the Sub-Divisional Magistrate.

MAGISTRATE • Additional District Magistrates are not subordinate to

the District Magistrate.The ADM is, however, an officer
below the rank of DM.
 ROLES OF EXECUTIVE MAGISTRATE
Warrant forwarded for the execution outside
S.78 jurisdiction

Warrant directed to PO for execution

S.79 outside jurisdiction
In warrant of
arrest S 80 Procedure on arrest of warrant against
whom warrant issued

Procedure by Mag. before whom such

S.81 person arrested is brought
 SCHEDULE
TASK 01 TASK 03

TASK 02

JANUA FEBRU
MARCH APRIL MAY
RY ARY
TASK Task 01 Task 01 - 02 Task 02 - 03 Task 03 Task 03

DESCRIPT Mars is cold Earth has life Ceres is small Pluto is small Saturn is big
ION

DATE 01 28 03 28 —

STATUS Completed Completed Completed In progress Delayed

 ROLES OF EXECUTIVE MAGISTRATE
Warrant forwarded for the execution outside
S.78 jurisdiction

Warrant directed to PO for execution

S.79 outside jurisdiction
In warrant of
arrest S 80 Procedure on arrest of warrant against
whom warrant issued

Procedure by Mag. before whom such

S.81 person arrested is brought
ROLES OF EXECUTIVE MAGISTRATE
S.3(4)(b)
● The fns exercisable by a
Magistrate relates, to the ● ARREST BY
matters, which are
administrative or
executive in nature, such
as , the granting of a
licence, the suspension
or cncellation of a
licence, sanctioning a
prosecution or
withdrawing from
prosecution, be
exercisable by EM.
S.44
MAGISTRATE: If an
offense is committed
within the jurisdiction of
an Executive Magistrate
in his presence. He may
himself arrest the
offender or order his
arrest and follow the
procedure as to his
custody.
 MISTAKES IN THE DEATH PENALTY
LAST YEARS
2020 2021

SATURN MARS
It’s composed of hydrogen and Despite being red, Mars is
helium actually a cold place

2019 2022

JUPITER NEPTUNE
Jupiter is the biggest planet of It’s the farthest planet from the
them all Sun
 ANALYSIS DEVELOPMENT
40.5
VENUS
% Venus is extremely hot, even

SAT VEN more than Mercury

5.4 % NEPTUNE
It’s the farthest planet from the
Sun
NEP 54.1
SATURN
Follow the link in the graph to modify its data and then paste the
% It’s composed of hydrogen and
new one here. For more info, click here helium
 ROLE
ANALYSIS
IN SEARCH
OF THE
- WARRANTS
RESULTS
EM power to issue search
S.93 warrant
Search of place suspected to
S.94 contain stoten property,etc.
Search for person wrongfully
S.97 confined

S.98 Restoration of abducted females

Mag may direct search in his

S.103 presence
S.94,97,98 power of DM &
SDM
 Big numbers catch your audience’s attention

579 PEOPLE
2,058 Number of death sentences in the year
2021 worldwide

108 Countries that had abolished the death

penalty by the end of 2021

1,000 Approximation of people executed in

2021 without being registered
AWESOME
WORDS
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DISCUSSION ABOUT DEATH PENALTY
01
DISCUSSION 1
Earth is the third planet from
the Sun and has life
02
DISCUSSION 2
Despite being red, Mars is
actually a cold place
CURRENT
SITUATION
Neptune is the farthest planet
from the Sun. It's also the
fourth-largest planet by
diameter in the Solar System
● Ceres is located in the
main asteroid belt
● Jupiter is the biggest
planet of them all
 THE GLOBAL VIEW OF DEATH
SENTENCES
MORE THAN SIXTY COUNTRIES
STILL IN FAVOR
RETENTIONIST
Venus is the second planet
from the Sun

ABOLITIONIST
Mercury is the closest planet to
the Sun
 CONCLUSIONS

METHODS MINORS COUNTRIES

Mercury is the closest planet to Venus is the second planet Despite being red, Mars is
the Sun from the Sun actually a cold place

DIFFERENT
POLITICS MISTAKES
CASES
Jupiter is the biggest planet of Saturn is composed of Neptune is the farthest planet
them all hydrogen and helium from the Sun
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