The Union Territories (Separation of Judicial and Executive Functions) Act, 1969

The Union Territories (Separation of Judicial and

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The Union Territories (Separation of Judicial and Executive Functions) Act, 1969 (ACT NO. 19 OF 1969) (As on the 26th Sep, 2025) 1

LIST OF ABBREVIATIONS USED

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LIST OF ABBREVIATIONS USED G.S.R. . . . . for General Statutory Rules.

THE UNION TERRITORIES (SEPARATION OF JUDICIAL

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THE UNION TERRITORIES (SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS) ACT, 1969 _________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Short title, extent and commencement. Amendments to Code of Criminal Procedure, 1898. Amendments not to render invalid notifications, etc., before commencement of Act. Functions exercisable by Judicial and Executive Magistrates. Power of Legislative Assembly of Union territory to amend this Act.

THE UNION TERRITORIES (SEPARATION OF JUDICIAL

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Section 1 — Short title, extent and commencement

Section 2 — Definition

Section 3 — Amendments to Code of Criminal Procedure, 1898

Section 4 — Amendments not to render invalid notifications, etc., before commencement of Act

Section 5 — Functions exercisable by Judicial and Executive Magistrates

THE UNION TERRITORIES (SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS) ACT, 1969 ACT NO. 19 OF 1969 [31st May, 1969.] An Act to provide for the separation of judicial and executive functions in Union territories. Short title, extent and commencement.—(1) This Act may be called the Union territories (Separation of Judicial and Executive Functions) Act, 1969. (2) It extends to all Union territories except the Union territory of Chandigarh. 1 (3) It shall come into force in a Union territory to which it extends on such date as the Central Government may, by notification in the Official Gazette, appoint in respect thereof: Provided that different dates may be appointed for different areas in a Union territory and any reference to the commencement of this Act in relation to a Union territory or an area therein shall mean the date on which it comes into force in that Union territory or area. Definition.—In sections 3 to 9, “Union territory” means any Union territory other than the Union territory of Chandigarh. Amendments to Code of Criminal Procedure, 1898.—For the purpose of separation of judicial 2 and executive functions, the Code of Criminal Procedure, 1898 (5 of 1898), shall in its application to a Union territory, be amended in the manner and to the extent specified in the Schedule.

such functions relate to matters which are administrative or executive in nature, such as the grant of a

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Section 6 — Repeal of laws in transferred areas in Himachal Pradesh

Section 7 — Saving

Section 8 — Power to remove difficulties

such functions relate to matters which are administrative or executive in nature, such as the grant of a licence, the suspension or cancellation of a licence, sanctioning a prosecution, or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an Executive Magistrate. Repeal of laws in transferred areas in Himachal Pradesh.—On the commencement of this Act in the transferred areas in the Union territory of Himachal Pradesh, the Punjab Separation of Judicial and 1 Executive Functions Act, 1964 (Punjab Act 25 of 1964) and the Code of Criminal Procedure, 1898 (5 of 1898), as in force immediately before such commencement in the said areas shall stand repealed except as respects things done or omitted to be done before such repeal under the said Punjab Act or under the provisions of the laws amended by the said Punjab Act and section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply upon such repeal as if such repeal were a repeal of an enactment by a Central Act; and on such commencement, the said Code as amended by this Act shall extend to, and come into force in, the said areas and the provisions of the laws (other than the said Code) amended by the said Punjab Act shall have effect in the said areas as if such provisions had not been amended by the said Punjab Act. Explanation.—In this section, “transferred areas” means the territories added to the Union territory of Himachal Pradesh by sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966), except the territories comprised in the districts of Lahaul and Spiti. Saving.—(1) Save as provided in this section, nothing in this Act shall be deemed to affect— (a) the validity, invalidity, effect or consequence of anything done or suffered to be done before the commencement of this Act; (b) any right, privilege, obligation or liability already acquired, accrued or incurred before such commencement; (c) any penalty, forfeiture or punishment incurred or inflicted in respect of any act before such commencement; (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penality, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed in accordance with the provisions of this Act and 1 the Code of Criminal Procedure,1898 (5 of 1898), as amended by this Act. (2) All legal proceedings pending before a Magistrate or Court immediately before the commencement of this Act shall, if such Magistrate or Court ceases to have jurisdiction in respect of such proceedings under the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), as amended by this Act, stand on such commencement transferred to the Magistrate or Court having jurisdiction under 1 the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), as amended by this Act and shall be heard and disposed of by such Magistrate or Court and such Magistrate or Court shall have all the powers and jurisdiction in respect thereof as if they had been originally instituted before such Magistrate or in such Court, including the power of the succeeding Magistrate under section 350 of the Code of Criminal 1 Procedure, 1898 (5 of 1898). Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government, in consultation with the High Court having jurisdiction in relation to the Union territory concerned, may, by order, do anything (including the specification of the appropriate 1. See now the Code of Criminal Procedure, 1973 (2 of 1974).

Magistrate, whether judicial or executive, having jurisdiction under any law) not inconsistent with such

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Section 9 — Power of Legislative Assembly of Union territory to amend this Act

Magistrate, whether judicial or executive, having jurisdiction under any law) not inconsistent with such provisions for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of three years from the commencement of this Act. Explanation.—In this section, “High Court” shall have the same meaning as in clause (i) of sub- section (1) of section 4 of the Code of Criminal Procedure, 1898 (5 of 1898). (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made before each House of Parliament. Power of Legislative Assembly of Union territory to amend this Act.—Notwithstanding anything contained in section 21 of the Government of Union Territories Act, 1963 (20 of 1963), the Legislative Assembly of a Union territory may by law amend this Act in its application to that Union territory.

THE SCHEDULE

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Section 6A — Classes of Magistrates

THE SCHEDULE (See section 3) AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1898 (5 OF 1898) 1. For section 6, the following sections shall be substituted, namely:— “6. Classes of Criminal Courts.—Besides the High Court and the Courts constituted under any law other than this Code for the time being in force, there shall to be two classes of Criminal Courts, namely:— I. Classes of Magistrates.—There shall be the following classes of Magistrates, namely:— I. Judicial Magistrates: (1) Chief Judicial Magistrate. (2) Judicial Magistrates of the first class. (3) Judicial Magistrates of the second class. Executive Magistrates: (1) District Magistrates. (2) Sub-divisional Magistrates. (3) Executive Magistrates of the first class. (4) Executive Magistrates of the second class. (5) Special Executive Magistrates.”.

4. In section 10,—

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In section 10,— (i) for the marginal heading, the following marginal heading shall be substituted, namely:— “District Marginal and Chief Judicial Magistrate.”; (ii) in sub-section (1), for the words “a Magistrate”, the words “an Executive Magistrate” shall be substituted; (iii) in sub-section (2), for the words “any Magistrate of the first class”, the words “any Executive Magistrate of the first class” shall be substituted and after that sub-section as so amended, the following sub-sections shall be inserted, namely:— “(2A) In every district the State Government shall, in consultation with the High Court, invest a judicial Magistrate of the first class with the powers of a Chief Judicial Magistrate under this Code or any other law for the time being in force. (2B) The State Government may, in consultation with the High Court, appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate and such Additional Chief Judicial Magistrate shall have all or any of the powers of a Chief Judicial Magistrate refe- rred to in sub-section (2A) as the State Government may, in consultation with the High Court, direct.”; (iv) for sub-section (3), the following sub-section shall be substituted, namely:— “(3) For the purposes of section 88, sub-section (6C), section 406B and section 528, sub-sections (2B) and (3), such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate; and for the purposes of section 88, sub-section (6C), section 192, sub-section (1), section 406B and section 528, sub-sections (2) and (2A), such Additional Chief Judicial Magistrate shall be deemed to be subordinate to the Chief Judicial Magistrate.”. For section 12, the following section shall be substituted, namely:— “12. Executive Magistrates and Judicial Magistrates.—(1) The State Government may appoint as many persons as it thinks fit, besides the District Magistrate, to be Executive Magistrates of the first or second class in any district, and the State Government or the District Magistrate, subject to the control of the State Government, may, from time to time, define local areas within which such persons may exercise all or any of the powers with which they may, respectively, be invested under this Code. (2) The State Government, in consultation with the High Court, may confer on any person who is a civil Judge or a member of the Judicial Service of a Union territory or a group of such territories, the powers of any class of Judicial Magistrates in any district; and the State Government, in consultation with the High Court, or the Chief Judicial Magistrate, subject to the control of the High Court, may, from time to time, define local areas within which he may exercise all or any of the powers with which he may be invested under this Code. (3) The State Government, in consultation with the High Court, may, for such period not exceeding three years from the commencement of the Union Territories (Separation of Judicial and Executive Functions) Act, 1969, as it may think fit, appoint as many persons, who are members of a civil service in any Union territory or in any State and who are or have been exercising the powers of a Magistrate in such territory or state at or before the commencement of the said Act, as may be considered necessary to be Judicial Magistrates in any district; and the State Government, in consultation with the High Court, may define local areas within which such persons may exercise all or any of the powers with which they may, respectively, be invested under this Code.

(4) Except as otherwise provided by any such definition as is referred to in sub-sections (1), (2)

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Section 17A — Subordination of Executive Magistrates

(4) Except as otherwise provided by any such definition as is referred to in sub-sections (1), (2) or (3), the jurisdiction and powers of such persons shall extend throughout such district.”. In sub-section (1) of section 13, for the word “Magistrate”, the words “Executive Magistrate” shall be substituted. Special Executive Magistrates.—The State Government may appoint Executive Magistrates for particular areas or for the performance of particular functions and confer on them such powers as it deems fit Such Magistrates shall be called Special Executive Magistrates and shall be appointed for such term as the State Government may, by general or special order, direct.”. For sub-section (1) of section 15, the following sub-section shall be substituted, namely:— “Benches of Judicial Magistrates.—(1) The State Government, in consultation with the High Court, may direct any two or more Judicial Magistrates in any place in a Union territory to sit together as a Bench and may by order invest such Bench with any of the powers conferred or conferable by or under this Code on a Judicial Magistrate of the first or second class, and direct it to exercise such powers in such cases, or, such classes of cases only and within such local limits as the State Government, in consultation with the High Court, thinks fit.”. For section 17, the following sections shall be substituted, namely:— “17. Subordination of Judicial Magistrates and Benches to Chief Judicial Magistrates and of Chief Judicial Magistrates and Assistant Sessions Judges to Sessions Judge.—(1) All Judicial Magistrates appointed under sub-sections (2) and (3) of section 12 and all Benches constituted under section 15, shall, subject to the control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate, and the Chief Judicial Magistrate may, from time to time, make rules or give special orders consistent with this Code as to the distributions of business among such Magistrates and Benches. (2) All Chief Judicial Magistrates shall be subordinate to the Sessions Judge. (3) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and the sessions Judge may, from time to time, make rules consistent with this Code as to the distribution of business among such Assistant Sessions Judges. (4) The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall have jurisdiction to deal with any such application.

17B. Courts inferior to High Court and Court of Session.—Courts of Session and Courts of

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Section 13 — For section 30, the following section shall be substituted, namely:— “30. Offences punishable with imprisonment not excluding seven years

Section 17B — Courts inferior to High Court and Court of Session

Courts inferior to High Court and Court of Session.—Courts of Session and Courts of Judicial and Executive Magistrates shall be Criminal Courts inferior to the High Court and Courts of Judicial and Executive Magistrates shall be Criminal Courts inferior to the Court of Session.”. For sub-section (1) of section 29, the following sub-section shall be substituted, namely:— “(1) Subject to the other provisions of this Code, any offence under any other law shall, when any Court in mentioned in the this behalf in such law, be tried by such Court: Provided that if the Court so mentioned is a Court specified in column (1) of the Table below, such offence shall be tried by the Court of the Judicial Magistrate specified against it in column (2), thereof: TABLE Name of court specified in the law Court by which triable (1) (2) 1. Judicial Magistrate of the first class. Judicial Magistrate of the first class. In section 29B, for the words “a District Magistrate or a Chief Presidency Magistrate, or by any Magistrate specially empowered by the State Government”, the words “a Chief Judicial Magistrate or any other Judicial Magistrate specially empowered by the State Government in consultation with the High Court” shall be substituted. Offences punishable with imprisonment not excluding seven years.—Notwithstanding anything contained in section 28 or section 29, the State Government, in consultation with the High Court, may invest any Chief Judicial Magistrate or any other Judicial Magistrate of the first class with power to try as a Judicial Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years: Provided that no Chief Judicial Magistrate or Judicial Magistrate of the first class shall be invested with such powers unless he has, for not less than ten years, exercised as a Magistrate powers not inferior to those of a Magistrate of the first class: Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years.”.

(i) in the opening sentence, before the word “Magistrates”, the word “Judicial” shall

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Section 18 — For sections 37 and 38, the following sections shall be substituted, namely:— “37. Additional powers conferable on Magistrates

Section 38 — Exercise of powers under section 37 by Chief Judicial Magistrate or District Magistrate to be subject to control of High Court or State Government

Section 38A — Power on Judicial Magistrates to be conferred in consultation with High Court

(i) in the opening sentence, before the word “Magistrates”, the word “Judicial” shall be inserted; (ii) in clause (a), for the words “Courts of Presidency Magistrates and of Magistrates of the first class”, the words “Courts of Judicial Magistrates of the first class” and in clause (b), for the words “Courts of Magistrates”, the words “Courts of Judicial Magistrate” shall be substituted; (iii) clause (c) shall be omitted; (c) in sub-section (2), for the words “any Magistrate”, the words “any Judicial Magistrates” shall be substituted. In section 33, in sub-section (1),— (i) in the marginal heading, for the word “Magistrates”, the words “Judicial Magistrates” shall be substituted; (ii) in the opening paragraph, for the words “any Magistrate” the words “any Judicial Magistrate” shall be substituted; (iii) in the proviso, in clause (b), for the words “by a Magistrate”, the words “ by a Judicial Magistrate” shall be substituted. In the marginal heading of section 34, for the word “District”, the word “Judicial” shall be substituted. In section 36, after the words “District Magistrates,” the words “Chief Judicial Magistrates,” shall be inserted; and for the words “Magistrate of the first, second and third classes”, the words “Judicial and Executive Magistrates of the first and second classes” shall be substituted. Additional powers conferable on Magistrates.—In addition to the ordinary powers,— (i) the State Government, in consultation with the High Court, may invest any Judicial Magistrate with any of the powers specified in Part IA of Schedule IV; (ii) a Chief Judicial Magistrate may invest any Judicial Magistrate within his local jurisdiction with the powers specified in Part IB of Schedule IV; (iii) the State Government may invest any Executive Magistrate with any of the powers specified in Part IIA of Schedule IV; and (iv) a District Magistrate may invest any Executive Magistrate within his local jurisdiction with the powers specified in Part IIB of Schedule IV. Power on Judicial Magistrates to be conferred in consultation with High Court.— Whenever, under any provisions of this Code or of any other law for the time being in force relating to any of the matters specified in Lists II and III of the Seventh Schedule to the Constitution, any judicial powers are to be conferred on a Sessions Judge, or an Additional or Assistant Sessions Judge or a Chief Judicial Magistrate or any other Judicial Magistrate or any such Magistrate is to be specially empowered to exercise such powers the orders conferring such powers or empowering the exercise of such powers shall be made by the State Government in 11

consultation with the High Court notwithstanding that such provision may not expressly so

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consultation with the High Court notwithstanding that such provision may not expressly so provide. Explanation.—For the purposes of this section, the question whether any powers are judicial shall be decided by the State Government in consultation with the High Court and such decision shall be final.” 19. In section 39, to sub section (1), the following proviso shall be added, namely:— “Provided that in the case of Judicial Magistrates, the State Government shall confer such powers in consultation with the High Court.”. To section 40, the following proviso shall be added, namely:— “Provided that in the case of Judicial Magistrates no such direction shall be issued except in consultation with the High Court.”. In section 41,— (i) to sub-section (1), the following proviso shall be added, namely:— “Provided that the State Government shall not withdraw any power conferred on the Judicial Magistrate except in the consultation with the High Court.”; (ii) for sub-section (2), the following sub-section shall be substituted, namely:— “(2) Any powers conferred by the Chief Judicial Magistrate or the District Magistrate may be withdrawn by him.”. In section 88,— (a) in sub-section (2) after the words “District Magistrate”, the words “or Chief Judicial Magistrate” shall be inserted; (b) in sub-section (6B) after the words “District Magistrate”, the words “or Chief Judicial Magistrate” shall be inserted; and (c) for the proviso to sub-section (6C), the following proviso shall be substituted, namely:— “Provided that if it is preferred or made in the Court of a District Magistrate or Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him, and such Magistrate shall have all the powers and jurisdiction in 12

respect of such claim or objection as if the order of attachment had been issued by such

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respect of such claim or objection as if the order of attachment had been issued by such Magistrate and the claim or objection had been originally preferred or made before him.”. In section 95, after the words “District Magistrate,”, wherever they occur, the words “Chief Judicial Magistrate,” shall be inserted. In sub-section (2) of section 96, after the words “District Magistrate”, the words “or Chief Judicial Magistrate” shall be inserted. In section 98, after the words “District Magistrate,”, wherever they occur, the words “Chief Judicial Magistrate,” shall be inserted. Power of Chief judicial Magistrate to cancel any bond for keeping the peace and of District Magistrate to cancel any Bond for keeping the peace or for good behaviour.—The Chief Judicial Magistrate may, at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace executed under section 106 and the District Magistrate may at any time likewise cancel any bond for keeping the peace or for good behaviour executed under section 118 by order of any court in his district not superior to his Court.”. In section 126,— (i) in sub-section (1), for the words “to a Presidency Magistrate, District Magistrate, Sub- divisional Magistrate or Magistrate of the first class”, the words and figures “to the Court by which an order to give security was made under section 106 or section 118” shall be substituted and for the word “his”, the word “its” shall be substituted; and (ii) for sub-section (2), the following sub-section shall be substituted, namely:— “(2) On such application being made, the Court shall issue summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it.”.

35. In section 133,—

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In section 133,— (i) in the opening paragraph of sub-section (1) and in sub-section (2), for the words “a Magistrate”, the words “an Executive Magistrate” shall be substituted; and (ii) in the closing paragraph of sub-section (1), for the words “Magistrate of the first or second class”, the words “Executive Magistrate” shall be substituted. In section 143, for the words “any other Magistrate”, the words “any other Executive Magistrate” shall be substituted. In sub-section (1) of section 144, for the words and brackets “any other Magistrate (not being a Magistrate of the third class)”, the words “any other Executive Magistrate” shall be substituted. In sub-section (1) of section 145 and sub-section (1) of section 147, for the words “Magistrate of the first class”, the words “Executive Magistrate of the first class” shall be substituted. In sub-section (1) of section 155, the words “having power to try such case or commit the same for trial” shall be inserted at the end. For sub-section (1) of section 164, the following sub-sections shall be substituted, namely:— “(1) Any Judicial Magistrate of the first class or any Judicial Magistrate of the second class specially empowered in this behalf by the State Government in consultation with the High Court, may record any statement or confession made to him in the course of an investigation under this Chapter or under any other law for the time being in force or at any time afterwards before the commencement of the inquiry or trial. (1A) Any Executive Magistrate of the first class or of the second class (not being a police officer) may be specially empowered by the State Government to record such statements or confessions if that Government for reasons to be recorded in writing considers it necessary so to do.”.

42. In sub-section (3) of section 170, for the words “District Magistrate or Sub-divisional

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In sub-section (3) of section 170, for the words “District Magistrate or Sub-divisional Magistrate”, the words “Chief Judicial Magistrate” shall be substituted. In sub-section (1) of section 186, for the words “a Presidency Magistrate, a District Magistrate, a Sub-divisional Magistrate, or, if he is specially empowered in this behalf by the State Government, a Magistrate of the first class”, the words “a District Magistrate, a Sub-divisional Magistrate, or, if he is specially empowered in this behalf by the State Government, an Executive magistrate of the first class, or, if he is specially empowered in this behalf by the State Government, in consultation with the High Court, a Judicial Magistrate of the first class” shall be substituted. In sub-section (1) of section 187, for the words “a presidency Magistrate or District Magistrate, such Magistrate shall send the person arrested to the District to Sub-divisional Magistrate”, the words “a District Magistrate or Chief Judicial Magistrate, such Magistrate, or as the case may be, to the Chief Judicial Magistrate” shall be substituted. In section 190,— (i) in sub-section (1), for the words “any Presidency Magistrate, District Magistrate or Sub-divisional Magistrate, and any other Magistrate”, the words “ any Chief Judicial Magistrate, and any other Judicial Magistrate” shall be substituted; (ii) in sub-section (2), for the words “The State Government, or the District Magistrate subject to the general or special orders of the State Government, may empower any Magistrate”, the words “The State Government, in consultation with the High Court, or the Chief Judicial Magistrate, subject to the general or special orders of the High Court, may empower any other Judicial Magistrate” shall be substituted; and (iii) in sub-section (3), for the words “State Government may empower any Magistrate” the words “State Government, in consultation with the High Court, may empower any Judicial Magistrate” shall be substituted. In section 192,— (i) in sub-section (1), for the words “Any Chief Presidency Magistrate, District Magistrate or Sub-divisional Magistrate”, the words “Any Chief Judicial Magistrate” shall be substituted; and (ii) in sub-section (2), for the words “District Magistrate”, the words “Chief Judicial Magistrate” shall be substituted. In sub-section (1) of section 206, for the words and brackets “Any Presidency Magistrate, District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class, or any Magistrate (not being a Magistrate of the third class) empowered in this behalf by the State Government,”, the words “Any Chief Judicial Magistrate or a Judicial Magistrate of the first class or any Judicial Magistrate of the second class empowered this behalf by the State Government, in consultation with the High Court,” shall be substituted.

52. In section 249, for the words “a Presidency Magistrate, a Magistrate of the first class,

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In section 249, for the words “a Presidency Magistrate, a Magistrate of the first class, or, with the previous sanction of the District Magistrate, any other Magistrate”, the words “a Judicial Magistrate of the first class, or, with the previous sanction of the Chief Judicial Magistrate, any Judicial Magistrate of the second class” shall be substituted. In sub-section (3) of section 250, the words “or third” shall be omitted. In the opening paragraph of sub-section (1) of section 260, for clauses (a), (b) and (c), the following clauses shall be substituted, namely:— “(a) the Chief Judicial Magistrate, (b) any Judicial Magistrate of the first class specially empowered in this behalf by the State Government, in consultation with the High Court, and (c) any Bench of Judicial Magistrates invested with the powers of a Judicial Magistrate of the first class and specially empowered in this behalf by the State Government, in consultation with the High Court,”. In section 261,— (i) in the marginal heading, for the words “Bench of Magistrates”, the words “Bench of Judicial Magistrates” shall be substituted; (ii) in the opening paragraph, for the words “State Government may confer on any Bench of Magistrates invested with the powers of a Magistrate of the second or third class”, the words “State Government, in consultation with the High Court, may confer on any Bench of Judicial Magistrates invested with the powers of a Judicial Magistrate of the second class” shall be substituted. In section 263, for the words “Bench of Magistrates”, the words “Bench of Judicial Magistrates” and for the words “the State Government”, the words “the High Court” shall be substituted. In section 337, in sub-section (1),— (i) in the opening paragraph, for the words “a Presidency Magistrate, a Sub-divisional Magistrate”, the words “the Chief Judicial Magistrate” shall be substituted; (ii) for the proviso, the following proviso shall be substituted, namely:— “Provided that where the offence is under inquiry or trial, no Magistrate of the first class other than the Chief Judicial Magistrate shall exercise the power hereby conferred unless he is the Magistrate making the inquiry or holding the trial, and, where the offences is under investigation, no Magistrate of the first class other than the District Magistrate or the Chief Judicial Magistrate shall exercise the power unless he is the Judicial Magistrate having jurisdiction in a place where the offence might be inquired into or tried and the sanction of the Chief Judicial Magistrate has been obtained to the exercise thereof.”.

60. In section 338, for the words “District Magistrate”, the words “Chief Judicial Magistrates

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Section 65 — For section 406A, the following sections shall be substituted, namely:— “406A. Appeal from order refusing to accept or rejecting a surety

Section 406B — Transfer of appeal to Additional District Magistrate or to the Additional Chief Judicial Magistrate

In section 338, for the words “District Magistrate”, the words “Chief Judicial Magistrates shall be substituted. In sub-section (1) of section 346, after the words “District Magistrate”, the words “or the Chief Judicial Magistrate, as the case may be,” shall be inserted. In section 349,— (i) in sub-section (1),— (a) for the words “a Magistrate of the second or third class”, the words “a judicial Magistrate of the second class” shall be substituted; and (b) for the words “District Magistrate or Sub-divisional Magistrate”, the words “Chief Judicial Magistrate” shall be substituted; and (ii) in sub-section (1A), for the words “District Magistrate or Sub-divisional Magistrate”, the words “Chief Judicial Magistrate” shall be substituted. Court of Session to send copy of finding and sentence to District Magistrate and Chief Judicial Magistrate.—In cases tried by the Court of Session, the Court shall forward a copy of its finding and sentence (if any) to the District Magistrate and the Chief Judicial Magistrate within the local limits of whose jurisdiction the trial was held.”. Appeal from order refusing to accept or rejecting a surety.—Any person aggrieved by an order refusing to accept or rejecting a surety under section 122 may appeal against such order,— (a) if made by the District Magistrate or the Chief Judicial Magistrate, to the Court of session; (b) if made by an Executive Magistrate other than the District Magistrate, to the District Magistrate; and (c) if made by an Judicial magistrate other than the Chief Judicial Magistrate, to the Chief Judicial Magistrate. In section 407 which applies only to the Union territory of the Laccadive, Minicoy and Amindivi Islands,— (i) for the words “District Magistrate”, wherever they occur, the words “Chief Judicial Magistrate” shall be substituted; (ii) in sub-section (1), for the words, “Magistrate of the second or third class”, the words “Judicial Magistrate of the second class” shall be substituted; (iii) in sub-section (2), for the words, “Magistrate of the first class”, the words “Judicial Magistrate of the first class” shall be substituted.

67. In section 408,—

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Section 73 — For section 435, the following section shall be substituted, namely:— “435. Power to call for records of inferior Courts

In section 408,— (i) as it applies to any Union territory other than the Union territory of the Laccadive, Minicoy and Amindivi Islands, for the words and figures “a District Magistrate or any other Magistrate, or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by any Magistrate”, the words and figures “or a Judicial Magistrate or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by a Judicial Magistrate” shall be substituted; (ii) as it applies to the Union territory of the Laccadive, Minicoy and Amindivi Islands, for the words and figures “a District Magistrate or other Magistrate of the first class, or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by any Magistrate”, the words and figures “or a Judicial Magistrate of the first class or any person sentenced under section 349 in respect of whom an order has been made or a sentence has been passed under section 380 by a Judicial Magistrate” shall be substituted. In section 409,— (a) as it applies to the Union territory of the Laccadive, Minicoy and Amindivi Islands, in the proviso, for the words “State Government”, the words “State Government, in consultation with the High Court,” shall be substituted; (b) it applies to the Union territories other than the Union territory of the Laccadive, Minicoy and Amindivi Islands,— (i) in the proviso to sub-section (1), the words “or third” shall be omitted; and (ii) in sub-section (2), for the words “State Government”, the words “State Government, in consultation with the High Court,” shall be substituted. In section 412, for the words “Magistrate of the first class”, the words “Judicial Magistrate of the first class” shall be substituted. In section 413, for the words “or District Magistrate or other Magistrate”, the words “or Chief Judicial Magistrate or other Judicial Magistrate” shall be substituted. In sub-section (1) of section 425, for the words “District Magistrate”, wherever they occur, the words “Chief Judicial Magistrate” shall be substituted, and the words “and a copy thereof shall be forwarded to the District Magistrate” shall be inserted at the end. In sub-section (1) of section 428, for the word “Magistrate”, wherever it occurs, the words “Judicial Magistrate” shall be substituted.

correctness, legality or propriety of any order recorded or passed, and as to the regularity of

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Section 436 — shall be re-numbered as sub-section (1) thereof and

correctness, legality or propriety of any order recorded or passed, and as to the regularity of any proceedings of such Subordinate Magistrate and may, when calling for such record, direct that the execution of any order be suspended and, if the person is in confinement, that he be released on bail or on his own bond pending the examination of the record. (3) If any Sub-divisional Magistrate acting under sub-section (2) considers that any such proceeding or order is illegal or improper or that any such proceeding is irregular, he shall forward the record, with such remarks thereon as he thinks fit to the District Magistrate. (4) The High Court may call for and examine the record of any proceeding under section 118, 122, 143, 144 or 145, notwithstanding the fact that such proceeding was before an Executive Magistrate. (5) If an application in respect of any proceeding before any Judicial Magistrate other than the Chief Judicial Magistrate has been made under sub-section (1) either to the Sessions Judge or the Chief Judicial Magistrate, no further application shall be entertained by the other of them and if an application in respect of any proceeding before any Executive Magistrate has been made to the Sessions Judge under sub-section (1) or to the District Magistrate under sub-section (2), no further application shall be entertained by the other of them.”. Section 436 shall be re-numbered as sub-section (1) thereof and— (i) in sub-section (1) as so re-numbered— (a) for the words “District Magistrate”, wherever they occur, the words “Chief Judicial Magistrate” shall be substituted; (b) in the proviso, for the word “section”, the word “sub-section” shall be substituted; (ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:— “(2) On examining any record under section 435 or otherwise, the District Magistrate may direct any Sub-divisional Magistrate by himself or by way any other Magistrate subordinate to him to make, and the Sub-divisional Magistrate may himself make or direct any Subordinate Magistrate to make further inquiry into any proceeding in which an order of release or discharge has been made under section 119: Provided that no District Magistrate shall make any direction under this sub-section for further inquiry into the case of any person who has been released or discharged unless such person has had an opportunity of showing cause why such direction should not be made.”. In section 437, for the words “District Magistrate”, wherever they occur, the words “Chief Judicial Magistrate” shall be substituted. In section 438,— (i) in sub-section (1), for the words “District Magistrate”, the words “Chief Judicial Magistrate” shall be substituted; and (ii) after sub-section (2), the following sub-section shall be inserted, namely:— “(3) The District Magistrate, on examining under section 435 or otherwise the record of any proceeding,— (a) shall, if such proceeding is in respect of an order under sections 118, 122, 143, 144 or 145 and if he thinks that the order made in such proceeding should be reversed or altered, report for the orders of the High Court the result of such examination; 19

(b) may, if such proceeding is in respect of an order made under any other

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Section 81 — For section 515, the following section shall be substituted, namely:— “515. Appeal from, and revision of, orders under section 514

(b) may, if such proceeding is in respect of an order made under any other section, exercise, subject to the provisions of sub-section (2) of section 436, any of the powers conferred on a Court of appeal by sections 423, 426, 427 and 428.”. In sub-section (3) of section 439, for the words “a Magistrate of the first class”, the words “a judicial Magistrate of the first class” shall be substituted. In section 479, for the words “Presidency Magistrate, District Magistrate or other Magistrate”, the words “Chief Judicial Magistrate or any other Judicial Magistrate” shall be substituted. In sub-section (1) of section 488, for the words “District Magistrate, a Presidency Magistrate, a Sub-divisional Magistrate or a Magistrate”, the words “Chief Judicial Magistrate or any other Judicial Magistrate” shall be substituted. In section 524,— (i) in sub-section (1), for the words “a Magistrate of the first class”, the words “an Executive Magistrate of the first class” shall be substituted; and (ii) in sub-section (2), for the words “to the Court to which appeals against sentences of the Court passing such order would lie”, the words “to the Sessions Judge” shall be substituted. In section 528,— (i) in sub-section (2),— (a) for the marginal heading, the following marginal heading shall be substituted, namely:— “Chief Judicial Magistrate may withdraw or refer cases.”; and (b) for the words “Any Chief Presidency Magistrate, District Magistrate or Sub- divisional Magistrate”, the words “The Chief Judicial Magistrate” shall be substituted; and (ii) after sub-section (2), the following sub-sections shall be inserted, namely:— “(2A) Power to authorise Chief Judicial Magistrate to withdraw classes of cases.—The State Government, in consultation with the High Court, may authorise the Chief Judicial Magistrate to withdraw from any Magistrate subordinate to him either such classes of cases as he thinks proper, or particular classes of cases.

“(2B) District Magistrate may withdraw or refer cases.—Any District Magistrate may

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“(2B) District Magistrate may withdraw or refer cases.—Any District Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him and may inquire into such case himself, or refer it for inquiry to any other such Magistrate competent to inquire into the same.”. In sub-section (2) of section 559, the words “the Chief Presidency Magistrate in a Presidency-town, and the District Magistrate outside such towns”, the words “the Chief Judicial Magistrate in the case of Judicial Magistrates and the District Magistrate in the case of Executive Magistrates” shall be substituted. In section 561, for the words “a Chief Presidency Magistrate or District Magistrate”, wherever they occur, the words “a Chief Judicial Magistrate” shall be substituted. In the proviso to sub-section (1) of section 562,— (i) for the words “Magistrate of the third class, or a Magistrate of the second class not specially empowered by the State Government”, the words “Judicial Magistrate of the second class not specially empowered by the State Government in consultation with the High Court” shall be substituted; and (ii) for the words “Magistrate of the first class or the Sub-divisional Magistrate”, the words “Judicial Magistrate of the first class” shall be substituted. In section 565,— (i) in sub-section (1), for the words “Presidency Magistrate, District Magistrate, Sub- divisional Magistrate or Magistrate”, the words “Chief Judicial Magistrate or any other Judicial Magistrate” shall be substituted; (ii) in sub-section (3), after the words “State Government”, the words “,in consultation with the High Court,” shall be inserted; and (iii) in sub-section (5), for the words “Magistrate”, the words “Judicial Magistrate” shall be substituted. In Schedule II, in column 8,— (i) for the word “Magistrate”, wherever it occurs except in the expression “Presidency Magistrate”, the words “Judicial Magistrate”, and for the words “Any Magistrate”, wherever they occur, the words “Any Judicial Magistrate” shall be substituted; (ii) for the entry against section 124A, the following entry shall be substituted, namely:— “Court of session, Chief Judicial Magistrate or any other Judicial Magistrate of the first class specially empowered by the State Government, in consultation with the High Court, in that behalf.”; and (iii) in the entry relating to section 376, for the words “Chief Presidency Magistrate or District Magistrate”, the words “or Chief Judicial Magistrate” shall be substituted.

“SCHEDULE III

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“SCHEDULE III (See section 36) ORDINARY POWERS OF STATE MAGISTRATES I. Ordinary powers of a Judicial Magistrate of the second class. (1) Power to arrest or direct the arrest of, and to commit to custody, a person committing an offence in his presence, section 64. (2) Power to arrest, or direct the arrest his presence of, an offender, section 65. (3) Power to endorse a warrant, or to order the removal of an accused person arrested under a warrant, sections 83, 84 and 86. (4) Power to issue proclamations in cases judicially before him, section 87. (5) Power to attach and sell property and to dispose of claims or objections to attached property, section 88. (6) Power to restore attached property, section 89. (7) Power to require search to be made for letters and telegrams, section 95. (8) Power to issue search warrant, section 96. (9) Power to endorse a search warrant and order delivery of thing found, section 99. (10) Power to order the police to investigate an offence in cases in which the Magistrate has jurisdiction to try or commit for trial, section 155. (11) Power to authorise detention, not been detention in the custody of the police, of a person during a police investigation, section 167. (12) Power to postpone issue of process and to inquire into a case or direct investigation, section 202. (13) Power to detain an offender found in Court, section 351. (14) Power to issue commission for examination of witness, sections 503, 506. (15) Power to recover forfeited bond for appearance before the Magistrate’s Court, section 514, and to require fresh security, section 514A. (16) Power to make order as to custody and disposal of property pending inquiry or trial, section 516A. (17) Power to make Order as to disposal of property, section 517. (18) Power to sell property of a suspected character, section 525. (19) Power to require affidavit in support of application, section 539A. (20) Power to make local inspection, section 539B. II.—Ordinary powers of a Judicial Magistrate of the first class (1) The Ordinary powers of a Judicial Magistrate of the second class. (2) Power to direct warrant to landholders, section 78. (3) Power to issue search warrant, otherwise than in due course of an inquiry, section 98. (4) Power to issue search warrant for discovery of persons wrongfully confined, section 100. (5) Power to require execution of a bond, section 106. (6) Power to discharge sureties, section 126A. (7) Power to record statements and confessions during a police investigation, section 164.

(8) Power to authorise detention of a person in the custody of the police during a police

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(8) Power to authorise detention of a person in the custody of the police during a police investigation, section 167. (9) Power to commit for trial, section 206. (10) Power to stop proceedings when no complainant, section 249. (11) Power to tender pardon to accomplice during inquiry into case by himself, section 337. (12) Power to make orders of maintenance, sections 488 and 489. (13) Power to recall case made over by him to another Magistrate, section 528 (4). (14) Power to make order as to first offenders, section 562. (15) Power to order released convicts to notify residence, section 565. III.—Ordinary powers of a Chief Judicial Magistrate (1) The Ordinary powers of a Judicial Magistrate of the first class. (2) Power to try juvenile offenders, section 29B. (3) Power to require delivery of letters, telegrams, etc., section 95. (4) Power to issue search warrants for documents in custody of postal or telegraph authorities, section 96. (5) Power to release person imprisoned for failure to give security under section 106, section 124. (6) Power to cancel any bond for keeping the peace under section 106, section 125. (7) Power to order police investigation into a cognizable case, section 156. (8) Power to issue process for a person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186. (9) Power to entertain complaints, section 190. (10) Power to receive police reports, section 190. (11) Power to entertain cases without complaint, section 190. (12) Power to transfer cases to a Subordinate Magistrate, section 192. (13) Power to order preliminary investigation by a police officer not below the rank of an Inspector in certain cases, section 196B. (14) Power to try summarily, section 260. (15) Power to tender pardon to accomplice at any stage of a case, section 337. (16) Power to pass sentence on proceedings recorded by a Subordinate Magistrate, section 349. (17) Power to hear appeals from orders of Judicial Magistrates refusing to accept or rejecting sureties, section 406A. (18) Power to call for records, section 435. (19) Power to order inquiry, section 436. (20) Power to order commitment, section 437. (21) Power to report case to High Court, section 438. (22) Power to hear appeals from or revise orders passed under section 514, section 515. (23) Power to withdraw cases and to try or refer them for trial, section 528.

IV.—Ordinary powers of an Executive Magistrate of the second class.

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IV.—Ordinary powers of an Executive Magistrate of the second class. (1) Power to arrest or direct the arrest of, and to commit to custody, a person committing an offence in his presence, section 64. (2) Power to arrest, or direct the arrest in his presence of, an offender, section 65. (3) Power to endorse a warrant, or to order the removal of an accused person arrested under a warrant, sections 83, 84 and 86. (4) Power to issue proclamations, section 87. (5) Power to attach and sell property, section 88. (6) Power to restore attached property, section 89. (7) Power to require search to be made for letters and telegrams, section 95. (8) Power to issue search warrants, section 96. (9) Power to endorse a search warrant and order delivery of thing found, section 99. (10) Power to command unlawful assembly to disperse, section 127. (11) Power to use civil force to disperse unlawful assembly, section 128. (12) Power to require military force to be used to disperse unlawful assembly, section 130. (13) Power to authorise detention not being detention in the custody of the police, of a person during a police investigation, section 167. (14) Power to take evidence on commission, section 503. (15) Power to recover forfeited bond for appearance before Magistrate’s Court, section 514 and to require fresh security, section 514A. (16) Power to make order as to disposal of property, section 517. (17) Power to sell property of a suspected character, section 525. V.—Ordinary powers of an Executive Magistrate of the first class. (1) The ordinary powers of an Executive Magistrate of the second class. (2) Power to issue search warrant otherwise than in course of an inquiry, section 98. (3) Power to issue search warrant for discovery of persons wrongfully confined, section 100. (4) Power to require security to keep the peace, section 107. (5) Power to require security for good behaviour, section 109. (6) Power to discharge sureties, section 126A. (7) Power to make orders as to local nuisances, section 133. (8) Power to make orders, etc., in possession cases, sections 145, 146 and 147. (9) Power to authorise detention of a person in the custody of the police during a police investigation, section 167. (10) Power to hold inquests, section 174.

VI.—Ordinary powers of a Sub-divisional Magistrate

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VI.—Ordinary powers of a Sub-divisional Magistrate (1) The ordinary powers of an Executive Magistrate of the first class. (2) Power to direct warrants to landholders, section 78. (3) Power to require security for good behaviour, section 110. (4) Power to makes orders prohibiting repetitions of nuisances, section 143. (5) Power to make orders under section 144. (6) Power to depute Subordinate Executive Magistrate to make local inquiry, section 148. (7) Power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186. (8) Power to sell property alleged or suspected to have been stolen, etc., section 524. VII.—Ordinary powers of a District Magistrate (1) The ordinary powers of a Sub-divisional Magistrate. (2) Power to require delivery of letters, telegrams, etc., section 95. (3) Power to issue search warrants for documents in custody of postal or telegraph authorities, section 96. (4) Power to require security for good behaviour, section 108. (5) Power to discharge persons bound to keep the peace or to be of good behaviour under section 118, section 124. (6) Power to cancel bond for keeping the peace or to be of good behaviour under section 118, section 125. (7) Power to order preliminary investigation by police officer not below the rank of Inspector in certain cases, section 196B. (8) Power to tender pardon to accomplice at the stage of investigation, section 337. (9) Power to hear appeals from orders of Executive Magistrate refusing to accept or rejecting sureties, section 406A. (10) Power to call for and examine records, section 435(2). (11) Power to direct Executive Magistrate to make further inquiry into proceedings, etc., section 436 (2). (12) Power to report case to High Court, section 438(3). (13) Power to appoint person to be Public Prosecutor in particular case, section 492(2). (14) Power to hear appears from or revise orders passed under section 514, section 515. (15) Power to compel restoration of abducted female, section 552.

SCHEDULE IV

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SCHEDULE IV (See sections 37 and 38) ADDITIONAL POWER WITH WHICH STATE MAGISTRATES MAY BE INVESTED PART I A.—BY THE STATE GOVERNMENT IN CONSULTATION WITH THE HIGH COURT Powers with which a Judicial Magistrates of the first class may be invested (1) Power to try juvenile offenders, section 29B. (2) Power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186. (3) Power to take cognizance of offences upon complaint, section 190. (4) Power to take cognizance of offences upon police reports, section 190. (5) Power to take cognizance of offences without complaint, section 190. (6) Power to try summarily, section 260. (7) Power to try cases under section 124A of the Indian Penal Code. Powers with which a Judicial Magistrate of the second class may be invested (1) Power to try juvenile offenders, section 29B. (2) Power to record statements an confessions during in a police investigation, section 164. (3) Power to authorise detention of a person in the custody of the police during a police investigation, section 167. (4) Power to take cognizance of offences upon complaint, section 190. (5) Power to take cognizance of offences upon police reports, section 90. (6) Power to take cognizance of offences without complaint, section 190. (7) Power to commit for trial, section 206. (8) Power to make orders as to first offenders, section 562. B.—BY THE CHIEF JUDICIAL MAGISTRATE Powers with which any Judicial Magistrate of the first class may be invested (1) Power to take cognizance of offences upon complaint, section 190. (2) Power to take cognizance of offences upon police reports, section 190. (3) Power to transfer cases, section 192 (2). Powers with which any Judicial Magistrate of the second class may be invested (1) Power to take cognizance of offences upon complaint, section 190. (2) Power to take cognizance of offences upon police reports, section 190.

A.—BY STATE GOVERNMENT

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PART II A.—BY STATE GOVERNMENT Powers with which a Sub-divisional Magistrate may be invested Power to call for records of inferior courts and to forward them to the District Magistrate, sub-sections (2) and (3) of section 435. Powers with which an Executive Magistrate of the first class may be invested (1) Power to require security of good behaviour in case of sedition, section 108. (2) Power to require security for a good behaviour, section 110. (3) Power to make orders prohibiting repetitions of nuisances, section 143. (4) Power to make orders under section 144. (5) Power to record statements and confessions during a police investigation, section 164. (6) Power to issue process for person within local jurisdiction, who has committed an offence outside the local jurisdiction, section 186. (7) Power to sell property alleged or suspected to have been stolen, etc., section 524. Powers with which an Executive Magistrate of the second class may be invested (1) Power to make orders prohibiting repetitions of nuisances, section 143. (2) Power to make order under section 144. (3) Power to record statements and confessions during a police investigation, section 164. (4) Power to authorise detention of a person in the custody of the police during a police investigation, section 167. (5) Power to hold inquests, section 174. B.—BY THE DISTRICT MAGISTRATE Powers with which an Executive Magistrate of the first class may be invested (1) Power to make orders prohibiting repetitions of nuisances, section 143. (2) Power to make order under section 144. Powers with which an Executive Magistrate of the Second class may be invested (1) Power to make orders prohibiting repetitions of nuisances, section 143. (2) Power to make order under section 144. (3) Power to hold inquests, section 174.”.

SATATEMENT OF OBJECTS AND REASONS

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SATATEMENT OF OBJECTS AND REASONS The Bill seeks to separate the judiciary from the executive in the matter of administration of criminal law in all Union territories except Chandigarh where the Punjab Separation of Judicial and Executive Functions Act, 1964, is already in force, and has been brought forward in compliance with the directive principles of State policy embodied in article 50 of the Constitution. The object is sought to be achieved by amendment of the Code of Criminal Procedure, 1898 (vide clause 3 and the Schedule) by providing for the classification of the magistracy into Judicial and Executive Magistrates and for the appointment of members of the judiciary as Judicial Magistrates with the approval of the High Court. The Bill seeks to make changes in the various provisions of the Code with a view to giving effect to this classification and contains the necessary transitional and saving provisions. The Bill also sets out the respective cases other than those specifically covered by the proposed amendments to the Code, in which functions shall be exercisable under any law by Judicial and Executive Magistrates. Provision has been made in the Bill for the repeal of certain laws in force in areas transferred to Himachal Pradesh from Punjab so as to facilitate the enforcement of the scheme of the Bill in such areas. Power has also been taken for the removal of difficulties, if any, in giving effect to the Provisions of the Bill after it becomes an Act.