Some of the powers of a District Magistrate, and a First Class Judicial Magistrate (CrPC, 1973, India)

District Magistrate:

Section 20 lays down than in every district and in every metropolitan area the State Government shall appoint one of the Executive Magistrate as the District Magistrate. Besides the powers vested in him under the Code, he is in addition the Collector of the district and is also a District Officer.

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Powers of District Magistrate:

A District Magistrate has, among others, the following powers:

1. He is an executive Magistrate who exercises special powers with which he is invested either by the Code of Criminal Procedure or by the State Government (Section 20).

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2. He has the power to require the postal or telegraph authorities to deliver any document, parcel or thing in their custody which is wanted for the purpose of any investigation, inquiry, trial or other proceedings under the Code. (Section 92).

3. He has the power to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authorities where the court considers that the purposes of any inquiry, trial or other proceeding under the Code will be served by a general search or inspection. (Section 93).

4. He has the power to require security for keeping the peace from persons likely to commit a breach of the peace. (Section 107).

5. He has the power to issue order in urgent cases of nuisance or apprehended danger. (Section 144).

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Powers of First Class Judicial Magistrate:

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A first class judicial Magistrate has, among others, the following powers, viz., to issue a search warrant for tracing persons wrongfully confined to require security for keeping the peace on conviction (Section 106), to require security for good behaviour from persons disseminating seditious matter (Section 108), to require security for good behaviour from suspected persons (S. 109), to require security of good behaviour from habitual offenders (Section 110), to discharge sureties, to record statements and confessions under Section 164, Cr.P.C. to tender a pardon to an accomplice, to order for maintenance of wives and children in case of neglect under Sections 125 and 126, Cr.P.C. to release certain convicted offenders on probation of good conduct instead of sentencing them to punishment, etc.

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