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Functions of magistrate under Cr Pc
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Functions of magistrate under Cr Pc




The law relating to criminal procedure applicable to all criminal proceedings in India is contained in the Code of Criminal Procedure, 1998. The Code has been amended from time to time by various Acts of the Central and State Legislatures.

Classes of Criminal Courts :- Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely-

1. Courts of Session

2. Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates

3. Judicial Magistrates of the second class

4. Executive Magistrates.

Every state shall be a sessions division or shall consists of sessions divisions, and every sessions division shall, for the purposes of this Code, be a district or consist of districts:

Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district.

The State Govt. may, after consultation with the High Court, alter the limits or the number of such divisions and districts and divide any district into sub-divisions and may alter the limits or the number of such sub-divisions

The session's divisions, districts and sub divisions existing in a state at the commencement of this code, shall be deemed to have been formed under this section.

In every district and in every metropolitan area, the State Govt. may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. The State Govt. may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have of the powers of a Distt. Magistrate under this Code or under any other law for the time being in force as may be directed by the State Govt. Whenever, in consequence of the office of a Distt. Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate. The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires, and the Magistrate so placed in charge of a sub-division shall be called the Sub-Divisional Magistrate. Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police, all or any of the powers of an Executive magistrate in relation to a metropolitan area.


U/S 109 Cr.P.C

Security for good behavior from suspected persons:

When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without securities, for his good behavior for such period, not exceeding one year, as the Magistrate thinks fit.

U/S 110 Cr.P.C

Security for good behavior from habitual offenders:

When an Executive Magistrate receives information that there is within his local jurisdiction a person who-

a) is by habit a robber, house-breaker, thief, of forger, or

b) is by habit a receiver of stolen property knowing the same to have been stolen, or

c) habitually protects of harbors thieves, or aids in the concealment or disposal of stolen
property, or

d) habitually commits, or attempts to commit, or abets the commission of, the offence of
kidnapping, abduction, extortion, cheating or of, the offence of kidnapping, abduction,
extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian
Penal Code or under Sec 489-A, Section 489-B, sec-489-C or sec 489-D of that Code, or

e) habitually commits, or attempts to commit, or abets the commission of offences, involving a
breach of peace, or

f) habitually commits, or attempts to commit, or abets the commission of-

any offence under one or more of the following Acts, namely

a) the Drugs and Cosmetics Act, 1940

b) the Foreign Exchange Regulation Act, 1973

c) the Employees Provident Fund Act 1952

d) the Prevention of Food Adulteration Act, 1954

e) the Essential Commodities Act, 1955

f) the Utouchability Act, 1955

g) the Customs Act, 1962 or any offence publishable under any other law providing for the
prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption or is
so desperate and dangerous as to render his being at large without security hazardous to the

such Magistrate may, in the manner provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behavior for such period, not exceeding three years, as the Magistrate thinks fit.

U/S 133 Cr.P.C.

Conditional order for removal of nuisance

Whenever a District Magistrate or s Sub Divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the state govt. , on receiving the report of a police officer or other information and on taking such evidence (if any ) as he thinks fit, considers-

a) that any unlawful obstructions or nuisance should be removed from any public is or from any
way, river or channel which is or may be lawfully used by the public or

b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is
injurious to the health or physical comfort of the community, and that in consequence such
trade or occupation should be prohibited or regulated or such goods or merchandise should be
removed or the keeping thereof regulated or

c) that the construction of any building or the disposal of any substance, as is likely to occasion
conflagration or explosion, should be prevented or stopped or

d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and
thereby cause injury to persons living or carrying on business in the neighborhood or passing
by, and that in consequence the removal, repair or support of such building, tent or structure,
or the removal or support of such tree, is necessary or

e) that any tank, well or excavation adjacent to any such way or public place should be fenced
in such manner as to prevent danger arising to the public,

f) that any dangerous animal should be destroyed, confined or otherwise disposed of,
such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order.
a) to remove such obstruction or nuisance or

b) to desist from carrying on, or to remove or regulate in such manner as may be directed, such
trade or occupation, or to remove such goods or merchandise, or to regulate the keeping
thereof in such manner as may be directed, or

c) to prevent or stop the construction of such building, or to alter the disposal of such substance or

d) to remove, repair or support such building, tent or structure, or to remove or support such
trees or

e) to fence such tank, well or excavation

f) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order.
Or if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.

No order duly made by a Magistrate under this section shall be called in question in any Civil Court.U/S145 Cr.P.C. Procedure where dispute concerning land or water is likely to cause breach of peace.
1) Wherever an Executive magistrate is satisfied from a report of a police officer or upon other
information that a dispute likely to cause a breach of the peace exists concerning any land or
water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing,
stating the grounds of his being so satisfied, and requiring the parties concerned in such
dispute to attend his Court in person or by pleader, on a specified date and time, and to put in
written statements of their respective claims as respects the fact of actual possession of the
subject of dispute.

2) For the purposes of this section, the expression "land or water" includes buildings, markets,
fisheries, crops or other produce of land, and the rents or profits of any such property.

3) A copy of the order shall be served in the manner provided by this Code for the service of a
summons upon such person or persons as the Magistrate may directly, and at least one copy
shall be published by being affixed to some conspicuous place at or near the subject of

4) The Magistrate shall then, without reference to the merits or the claims of any of the parties
to a right to possess the subject of dispute, peruse the statements so put in, hear the
parties, receive all such evidence as may be produced by them, take such further evidence, if
any, as he thinks necessary, and, if possible, decide whether any and which of parties was, as
the date of the order made by him under sub-section (1), in possession of the subject of

5) Nothing in this section shall preclude any party so required to attend. Or any other person
interested, from showing that no such dispute as aforesaid exists or has existed, and in such
case the Magistrate shall cancel his said order, and all further proceedings thereon shall be
stayed, but subject to such cancellation n, the order of the Magistrate under sub-section (1)
shall be final

6) A) If the Magistrate decides that one of the parties was, or should under the provision to sub-
section (4) be treated as being in such possession of the said subject, he shall issue an order
declaring such party to be entitled to possession thereof until evicted there forming due
course of law, and forbidding all disturbance of such possession until such eviction, and when
he proceeds under the provision to sub-section (4) may restore to possession the party
forcibly and wrongfully dispossessed. B) The order made under this sub-section shall be served
and published in the manner laid down in the sub-section(3)

7) When any party to any such proceeding dies, the Magistrate may cause the legal
representative of the deceased party to be made a party to the proceeding and shall
thereupon continue the inquiry, and if any question arises as to who the legal representative
of a deceased party for the purposes of such proceeding is, all persons claiming to be
representatives of the deceased party shall be made parties thereto.

8) If the Magistrate is of opinion that may crop or other produce of the property, the subject of
dispute in a proceeding under this section pending before him, is subject to speedy and natural
decay, he may make an order for the proper custody or sale of such property, and, upon the
completion of the inquiry, shall make such order for the disposal of such property, or the sale
proceeds thereof, as he thinks fit.

9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on
the application of either party, issue a summons to any witness directing him to attend or to
produce any document or thing.

10) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to
proceed under Section 107.

U/S 146 Cr.P.C.

Power to attach subject of dispute and to appoint receiver:-
1) If the Magistrate at anytime after making the order under sub-section (1) of Section 145
considers the case to be one of emergency or if he decides that none of the parties was then
in such possession as is referred to in Section 145, or if he is unable to satisfy himself as to
which of them was then in such possession of the subject of dispute, he may attach the
subject of dispute until a competent Court has determined the rights of the parties thereto

2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to
such subject of dispute has been appointed by any Civil Court, make such arrangements as he
considers proper for looking after the property or if he thinks fit, appoint a receiver thereof,
who shall have, subject to the control of the Magistrate, all the powers of a receiver
appointed under the Code of Civil Procedure. Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court, the Magistrate

a) Shall order the receiver appointed by him to handover the possession of the subject of dispute
to the receiver appointed by the Civil Court and shall thereafter discharge the receiver
appointed by him.

b) May make such other incidental or consequential orders as may be just.
U/S 174 Cr.P.C

Police to enquire and report on suicide, etc.

When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-Divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighborhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.

The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-Divisional Magistrate.
a) the case involves suicide by a woman within seven years of her marriage, or

b) the case relates to the death of a woman within seven years of her marriage in any
circumstances raising a reasonable suspicion that some other person committed an offence in
relation to such woman or

c) the case relates to the death of a woman within seven years of her marriage and any relative
of the woman has made a request in this behalf, or

d) there is any doubt regarding the cause of death or

e) the police officer for any other reason considers it expedient so to do
he shall, subject to such rules as the State Government may prescribe in this behalf, forward
the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified
medical man appointed in this behalf by the State Government, if the state of the weather and
the distance admit of its being so forwarded without risk of such putrefaction on the road as
would render such examination useless.

4) The following Magistrates are empowered to held inquests, namely, any District Magistrate or
Sub-Divisional Magistrate and any other executive Magistrate specially empowered in this
behalf by the State Government or the District Magistrate.
U/S 176 Cr.P.C.

Inquiry by Magistrate into cause of death
1) When any person dies while in the custody of the police, the nearest magistrate empowered to
hold inquests shall, and in any other case mentioned in sub-section (1) of Section 174, any
Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in
addition to, the investigation held by the police officer, and if he does so, he shall have all the
powers in conducting it which he would have in holding an inquiry into an offence.

2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection
therewith in any manner hereinafter prescribed according to the circumstances of the case.

3) Whenever such Magistrate considers it expedient to make an examination of the dead body of
any person who has been already interred, in order to discover the cause of his death, the
Magistrate may cause the body to be disinterred and examined.

4) Where an inquiry is to be held under this section, the Magistrate shall wherever practicable,
inform the relatives of the deceased whose names and addresses are known, and shall allow
them to remain present at the inquiry.

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Last Updated : 11 Sep,2015