Who is called executive magistrate?

Who is called executive magistrate?

An Executive Magistrate is an officer of the Executive branch (as opposed to the Judicial branch) who is invested with specific powers under both the CrPC and the Indian Penal Code (IPC). These powers are conferred by Sections 107–110, 133, 144, 145, and 147 of the CrPC.

What is difference between executive magistrate and district magistrate?

Normally, the Collector of the district is appointed as the District Magistrate. Similarly, the Sub-Collectors are appointed as the Sub Divisional Magistrates. Tahsildars and Deputy/Additional Tahsildars are appointed as Executive Magistrates.

Is Executive Magistrate First Class Magistrate?

Generally, Executive Magistrates cannot be equated with 1st Class Magistrate. They are appointed through different examinations. Executive magistrates are known as “Tesildaar” in Hindi and are concerned with revenue related cases of the area.

What is the power of executive magistrate?

XII(A) Power to disperse assembly by use of force (a) Any Executive Magistrate is competent to command an unlawful assembly, actual or potential, to disperse vide Section 129(1). (b) Any Executive Magistrate, may disperse such assembly by use of Civil Force vide Section 129(2).

What is full form of SDM?

All subdivisions (tehsils) are under the charge of SDM (Sub Divisional Magistrate). In India, a sub-divisional magistrate has several executive and magisterial roles to play under Criminal Procedure Code 1973.

How is an executive magistrate appointed?

Appointment of executive magistrates is by the by executive branch of the government and their superintendence and control also vests with the executive. The state government also has powers to appoint special executive magistrates for a particular area or for the performance of particular functions.

Is tehsildar a first class executive magistrate?

Independence. Tehsildar are Class 1 gazetted officers in most states of India.

Is executive magistrate a court?

Executive Magistrates are Criminal Courts within the meaning of the Code vide Sec. 6 (iv) Cr. P.C. When an Executive Magistrate acts judicially, say for instance, when he holds an inquiry u/s 116 Cr.

What are various duties of executive magistrate?

They are empowered to obtain bonds or security for keeping peace or maintaining good behaviour under Sections 107, 108, 109 and 110 of the CrPC and also to initiate the dispersal of unlawful assemblies in addition to dealing with public nuisances and issues that can cause apprehended danger to public tranquillity under …

What is the difference between tehsildar and special Tehsil Revenue Officer?

Tehsildar is the senior most revenue official of Tehsil, however District Collector can assign a Tehsildar powers of Executive Magistrate, the case in which he/she will be known as Special Tehsildar. PS: This is my limited information, please correct mistakes if any.

What is the difference between Deputy Commissioner and District Magistrate?

As Deputy Commissioner, he is the executive head of the district with multifarious responsibilities relating to development, panchayats, local bodies, civil administration, etc. As District Magistrate, he is responsible for law and order and heads the police and prosecuting agency.

What are the powers of a Tehsildar in Uttar Pradesh?

Tehsildar are Class 1 gazetted officers in most states of India. In Uttar Pradesh, tehsildar are given powers of assistant collector Grade I. They also are given judicial power. They implement the various policies of the taluka and are subject to the District Collector.

What is the role of an executive magistrate?

An executive magistrate is one who is part of Executive and NOT judiciary. They are generally higher rungs of revenue and executive officers who are vested with limited judicial power in event of law and order problem in their jurisdication. All officers in district starting from Assistant Collector to Collector are Executive…