Functions of the Executive Magistrates in India – Explained!

In every district and every metropolitan area, the State Government is empowered to appoint as many persons as it thinks fit to be Executive Magistrates. One of them is also to be appointed as the District Magistrate.

Similarly, it may also appoint any Executive Magistrate to be an Additional District Magistrate. Moreover, the State Government can also confer, under any law in force, all the powers of an Executive Magistrate on a Commissioner of Police.

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The State Government can also place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires. Such a Magistrate is called the Sub-Divisional Magistrate. Under the 2005 Amendment, this power of the State Government may be delegated to the District Magistrate.

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The State Government is also empowered to appoint Executive Magistrates, known as Special Executive Magistrates, for particular areas, or for the performance of particular functions, and confer on them such of the powers as are conferrable on Executive Magistrate under the Criminal Procedure Code.

It is also provided that all Executive Magistrates, other than the Additional District Magistrate, are subordinate to the District Magistrate. Similarly, every Executive Magistrate (other than the Sub-Divisional Magistrate) is subordinate to the Sub-Divisional Magistrate, subject, however, to the general control of the District Magistrate. It is for the District Magistrate to make rules for the distribution of business amongst the Executive Magistrates subordinate to him, and for the allocation of business to an Additional District Magistrate. (S. 23)


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