Guidelines

Does DM have power to arrest?

Does DM have power to arrest?

Under Section 44 Cr. P. C apart from the Police, Magistrate is given power to arrest a person and when an accused appears before the Magistrate or surrenders voluntarily, Magistrate is competent to take that accused into custody. In arresting a person under Section 44 a Magistrate does not take cognizance of the case.

Can DM give punishment?

Under Section 29 of CrPc, the court of a magistrate of the first class may give imprisonment for up to three years, or fine up to ten thousand rupees or both.

Can a private person arrest?

Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer.

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Can executive Magistrate arrest?

(1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

What are the powers of DM?

As District Magistrate:

  • Conducts criminal court of executive magistrate.
  • Maintenance of law and order.
  • Co ordinates of the police .
  • Supervision of subordinate executive magistracy and conduct magisterial inquiries.
  • Hearing cases under the preventive section of the Criminal Procedure Code.

Can SDM control police?

No district or sub-divisional magistrate in the country can order police to register FIR on a private complaint, the Supreme Court said on Tuesday. The FIR was filed on January 31, 2018 after an order was issued by the sub-divisional magistrate (SDM) in Uttar Pradesh’s Unnao.

Can a private person cause arrest without warrant?

Persons authorised to arrest: A police officer with or without a warrant depending on the nature and gravity of the offence, A private person can arrest another person who in his presence commits a non-bailable offence, cognizable offence or is proclaimed offender.

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What is the power of SDM?

SDM & Sub-Divisional Officer He possesses adequate powers to co-ordinate work in the sub-division. He exercises direct control over the Tehsildars and their staff. He is competent to correspond directly with government and other departments on routine matters.

Who can make a arrest?

Section 151 empowers a police officer to arrest any person, without orders from a Magistrate and without warrant, “if it appears to such officer” that such person is designing to commit a cognizable offence and that the commission of offence cannot be prevented otherwise.