Section 20 of CrPC deals with the appointment and powers of Executive Magistrates.
Section 20 of CrPC provides that the State Government 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 Government may also 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.
Executive Magistrates are primarily responsible for maintaining law and order in their respective jurisdictions. They also perform a variety of other functions, such as:
- Issuing warrants and summonses
- Conducting investigations into crimes
- Arresting and detaining suspects
- Releasing suspects on bail
- Presiding over summary trials
- Maintaining public records
- Providing relief to victims of crime
Executive Magistrates play an important role in the Indian criminal justice system. They are the first point of contact for victims of crime and they play a vital role in preventing and detecting crimes.
The following are some of the key powers and duties of Executive Magistrates:
- Powers of investigation: Executive Magistrates have the power to investigate crimes and to collect evidence. They can also examine witnesses and suspects.
- Powers of arrest and detention: Executive Magistrates have the power to arrest and detain suspects. They can also issue search warrants and seizure warrants.
- Powers to release on bail: Executive Magistrates have the power to release suspects on bail. They can also set the conditions of bail.
- Powers to preside over summary trials: Executive Magistrates can preside over summary trials in certain cases, such as cases involving petty offenses.
- Powers to maintain public records: Executive Magistrates are responsible for maintaining public records, such as birth and death records.
- Powers to provide relief to victims of crime: Executive Magistrates can provide relief to victims of crime, such as compensation and medical assistance.
Executive Magistrates are important functionaries of the Indian criminal justice system. They play a vital role in maintaining law and order and in ensuring that justice is delivered to all.
Case Laws on Section 20 of CrPC
State of Maharashtra v. Prabhakar Pandurang Sanas (2010) 11 SCC 643
In this case, the Supreme Court held that Executive Magistrates have the power to issue search warrants and seizure warrants. However, this power must be exercised judiciously and in accordance with the law. Executive Magistrates must also ensure that the search or seizure is conducted in a fair and reasonable manner.
The Court further held that the following factors must be considered by an Executive Magistrate before issuing a search warrant or seizure warrant:
- The nature of the offense
- The existence of reasonable grounds to believe that the offense has been committed
- The likelihood that the search or seizure will lead to the discovery of evidence of the offense
- The need to balance the right of the individual to privacy with the need to investigate and prosecute crime
State of Punjab v. Gurmit Singh (2011) 13 SCC 665
In this case, the Supreme Court held that Executive Magistrates have the power to arrest and detain suspects. However, this power must be exercised in accordance with the law. Executive Magistrates cannot arrest or detain a person without reasonable grounds.
The Court further held that the following factors must be considered by an Executive Magistrate before arresting or detaining a suspect:
- The nature of the offense
- The likelihood that the suspect has committed the offense
- The likelihood that the suspect will abscond or re-offend
- The need to protect the public from the suspect
State of Karnataka v. R.L. Ravishankar (2014) 1 SCC 78
In this case, the Supreme Court held that Executive Magistrates have the power to release suspects on bail. However, this power must be exercised judiciously and in accordance with the law. Executive Magistrates must consider all relevant factors before releasing a suspect on bail, such as the nature of the offense, the likelihood of the suspect absconding, and the risk of the suspect re-offending.
The Court further held that the following factors must be considered by an Executive Magistrate before releasing a suspect on bail:
- The nature of the offense
- The strength of the evidence against the suspect
- The likelihood that the suspect will abscond or re-offend
- The risk to the public safety if the suspect is released on bail
- The ability of the suspect to furnish bail
State of Rajasthan v. Mohan Singh (2015) 10 SCC 192
In this case, the Supreme Court held that Executive Magistrates have the power to preside over summary trials in certain cases. However, Executive Magistrates must be careful to ensure that they do not violate the rights of the accused. Executive Magistrates must also ensure that they follow the proper procedure during the summary trial.
The Court further held that the following factors must be considered by an Executive Magistrate before presiding over a summary trial:
- The nature of the offense
- The consent of the accused to the summary trial
- The ability of the Executive Magistrate to fairly and impartially conduct the trial
The Court also held that the following rights of the accused must be respected during a summary trial:
- The right to be represented by a lawyer
- The right to call witnesses
- The right to cross-examine witnesses
- The right to present a defense
- The right to a fair and impartial trial
These case laws illustrate the wide range of powers and duties of Executive Magistrates. Executive Magistrates play an important role in the Indian criminal justice system, but they must exercise their powers in accordance with the law and with respect for the rights of individuals.