How is an executive magistrate appointed under CrPc?

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.

Who is magistrate CrPc?

Under Section 12 of CrPc, the judicial magistrate of the first class shall be appointed by the high court to be the chief judicial magistrate in every district. A chief judicial magistrate may give any sentence other than life imprisonment or imprisonment for up to seven years.

What is the hierarchy of executive magistrate under the code?

As per Section 23, the Executive Magistrates would be subordinate to the District Magistrate however Additional District Magistrate shall not be subordinate to the District Magistrate. Every Executive Magistrate but, the Sub-divisional Magistrate shall be subordinate to the Sub-divisional Magistrate.

Who are executive magistrates and how are they appointed?

They are – (i) Judicial Magistrates. (ii) Executive Magistrates. Judicial Magistrates are appointed by and placed under the control of the High Court and Executive Magistrates are appointed by and put under the control of the State Government…

What are the classes of criminal courts under section 6 of CrPc?

According to section 6 there are 4 kinds of Criminal Courts i.e. Court of Session, Court of judicial Magistrate, Court of Metropolitan Magistrate and Executive Magistrate.

How many sections are there in law?

It is applicable to all the citizens of India. The IPC has been amended numerous times since then and is now supplemented by various other criminal provisions. At present, the IPC is divided into 23 chapters and contains 511 sections in total.

How many sections are there in CrPC PDF?

Now the act containscontains 565 sections,5 schedules and 56 forms.

What is Section 3(4) of the CrPC?

Section 3 (4) of the CrPC draws a line of demarcation between the functions of an executive magistrate and those of the Judicial Magistrates.

What are the powers of an executive magistrate under Section 107?

The powers vested in an Executive Magistrate under Section 107 so as to prevent breach of peace is urgent in nature and is upto the discretion of the Executive Magistrate so as to decide whether proceedings are to be initiated or not.

When does an executive magistrate act as a court?

Executive Magistrates sometimes act as courts when they take up functions that are judicial while conducting an inquiry under S.116 of the CrPC in connection with maintaining peace and order under S.107 of the CrPC.

What are the powers of a police officer under CrPC?

They are empowered to obtain bonds or security for keeping the peace or maintaining good behavior 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 Sections 133 and 144.