What are the powers of Special Executive Magistrates?, Pg8

Key Highlights:

• A Special Executive Magistrate (SEM) court in Delhi granted bail to Cockroach Janta Party (CJP) activists Saurav Das and Ashutosh Ranka.
• The case brought into focus the roles and powers of SEMs, who are appointed by state governments for specific areas or purposes.
• SEMs derive their powers from Section 15 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• Their primary function is to maintain public order and prevent breaches of peace through preventive and administrative actions.

Detailed Insights:

• Special Executive Magistrates are appointed for a specified period, area, or function, unlike Executive Magistrates who perform continuous administrative and preventive duties.
• Their powers enable authorities to intervene when there is a likelihood of disturbance, rather than after an offense has occurred.
• Under Section 126 of the BNSS, an Executive Magistrate can require individuals likely to disturb peace to execute a peace bond for up to one year.
• Executive Magistrates can also issue urgent orders under Section 163 of the BNSS in cases of nuisance or apprehended danger to prevent obstruction or harm.
• Police officers can make preventive arrests under Section 170 of the BNSS to prevent the commission of a cognizable offense.
• Judicial Magistrates are part of the judicial system, dealing with criminal cases, bail, and trials, and are appointed by the High Court under Section 9 of the BNSS.
• SEMs are limited to administrative functions and cannot conduct criminal trials or convict individuals, distinguishing them from Judicial Magistrates.
• Actions of SEMs are subject to judicial review and administrative oversight to ensure legality and protect citizens' rights.
• The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, replaced the Code of Criminal Procedure (CrPC), 1973, and came into force on July 1, 2024.

Key Concepts Involved:

• Special Executive Magistrate (SEM): An official appointed by state governments for specific periods or purposes, exercising powers of an Executive Magistrate under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: The new criminal procedure code in India, enacted on December 25, 2023, and effective from July 1, 2024, replacing the Code of Criminal Procedure, 1973.
• Peace Bond: A legal undertaking required by an Executive Magistrate from an individual to ensure maintenance of public peace for a specified period, as per Section 126 of the BNSS.
• Judicial Magistrate: A judicial officer who presides over criminal courts, handling trials, bail, and remand proceedings, distinct from executive functions.