executive magistrates in election process

SPL.Executive Magistrates & Executive Magistrates

1.High Court

2.Court of Sessions

3.Judicial Magistrates

4.Executive Magistrates

(Sec 6 to 24 of the CrPC- Other than HC)

The separation of Judiciary from the Executive led to the establishment of two categories of Magistrates :

1. Judicial Magistrates 2. Executive Magistrates

Judicial Magistrates are under the control of the High Court and their functions are judicial in nature

The Executive Magistrates are under the control of the State Government and their functions are in the nature of Police / Administrative functions

An offence means any act or omission

Punishable by Law (Sec 2 (n) of CrPC)

An Offence for which a Police Officer can arrest without Warrant

First Schedule of the code contains a list of such offences from the IPC

Other laws also mention such offences

Eg: IPC- 143- Member of an unlawful assembly RPA 1951-130-Canvassing in/near the PS is

prohibited (Sec 2(c) CrPC)

An offence wherein a Police Officer cannot arrest without a Warrant

He must get an order from a Magistrate to arrest the accused

Eg: IPC- 168-Public Servant unlawfully engaging in trade (Sec 2(l) CrPC)

Cognizable Serious offences Can arrest w/out

warrant Can investigate

w/out the permission of Magistrate

No complaint is necessary

Non cognizable Minor/less serious

offences Can not be arrested so

Can not lnvestigate

Complaint is necessary

An allegation made orally or in writing

Allegations to be made to the Magistrate

To enable the Magistrate to take action

May be made by the aggrieved or by any other person (Ex.A Police Officer)

Not to be a Police Report (Sec 2(d) CrPC)

The state Govt appoints EM u/s 20 CrPC

The state Govt appoints SEM u/s 21 CrPC

The DM defines the local jurisdiction of EMs (Sec 22 CrPC)

Subordination of EMs (Sec 23 CrPC )

37. Public to assist Magistrates and Police

!. To prevent escape

!. To take on arrest

!. To prevent breach of peace

!. To prevent injury to railway,canal,telegraph,

public property.

39.Public to give information of offences!. Offences against the state!. Offences against the tranquility!. Offences relating to illegal gratification!. Offences relating to adulteration of food

and drugs!. Offences affecting life!. Offences relating to kidnapping!. Offences relating to theft, robbery,

dacoity, house trespass, currency notes, bank notes

Power to receive info from village:

40. Duty of officers employed i/c/w/the affairs of a village to make certain reports :

Who must report ?, Member of Village Panchayat / Headman /

VAO/ Resident of the Village. About What ? Dealers in stolen property, thugs, escaped

convict, intention to commit a non bailable offence, offence relating to unlawful assembly, rioting, murder, coins , currency notes etc..

44. Arrest by Magistrate:(1) If any offence is committed, in his presence In his jurisdiction He may himself arrest Order any person to arrest Commit the offender to custody(2) Any time , he may arrest or direct to arrest in

his presence, in his jurisdiction, any person to whom he can issue a warrant of arrest

78. Warrant forwarded for execution outside jurisdiction:

!.The court issuing such warrant may send by post to an EM having jurisdiction

!. The EM shall endorse and direct a Police Officer to execute the same

79. Warrant directed to a Police Officerfor execution outside jurisdiction:

!. The Police Officer ordinarily take it for endorsement to the EM /SHO having jurisdiction for endorsement.

!. After endorsement he shall execute the warrant.

80. Procedure of arrest of person against whom warrant issued:

When warrant is executed outside the district

The person arrested shall be brought before the nearest EM, if the issuing court is beyond 30 Kms

81. Procedure by Magistrate before whom such person arrested is brought:

The EM shall direct his removal to the court that issued warrant

Can release him on bail, if it is bailable offence

82. Proclamation of person absconding

An Executive Magistrate can issue proclamation for a person who is absconding from proceedings.

83. Attachment of property of person absconding:

Can order attachment of property- movable/ immovable / both of a proclaimed offender.

91. Power to issue Summons to produce documents or things

93. Power to issue search warrants

97.Search for persons wrongfully confined

98. Power to compel restoration of abducted females

OBJECT OF 107 Cr.P.C

The main object of this Section is “Preventive and not Punitive”.

This Section is to enable the Executive Magistrate to take measures with a view to prevent commission of offences, involving breach of the peace or disturbance to public tranquility.

107. Security for keeping peace in other cases:

!.When the EM receives info that a person is

!.likely to cause breach of peace/public tranquility/to do any wrongful act

!. Order that person to execute a bond

!. With or without sureties

!. For a period not exceeding one year

108. Security for good behaviour from persons disseminating seditious matters:

When the EM receives info that a person is Disseminating seditious matters, defaming/ criminally

intimidating a judge, circulates obscene matter

Order that person to execute a bond with or without sureties, for a period not exceeding one year

109: Security for good behaviour from suspected persons:

A person taking precautions to conceal his presence

With a view to commit a cognisable offence

Can be ordered to execute a bond with or without sureties

For one year

110.Security for good behaviour from habitual offenders:

A person who is a robber, a house breaker, a thief, a forger, receiver of stolen property , offender involving breach of peace can be ordered to execute a bond

129. Dispersal of assembly by use of civil force

130.Use of Armed Forces to disperse assembly

131.Power of certain Armed Forces Officers

to disperse assembly

133. Conditional order for removal of nuisance:

On receiving info from police/other info and on taking evidence

May make conditional order To remove obstruction/ nuisance To regulate/prohibit/remove such trade or

occupation To prevent construction of building To remove/repair/support building To fence tank/well/excavation To destroy/confine/dispose off such

dangerous animals

144. Power to issue order in urgent cases of nuisance or apprehended danger

Immediate prevention or speedy remedy is desirable

!. 145. procedure where dispute concerning land or water is likely to cause breach of peace

!.146. Power to attach subject of dispute and to appoint receiver

!.147. Dispute concerning right of use of land or water

!.174.Police to enquire and report on suicide etc..

!.176.Inquiry by Magistrate into cause of death

171 B- Bribery

Any person giving or accepting gratification to induce a person to exercise his electoral right would commit the offence of bribery.

Gratification – Offering gratification, agreeing to give gratification, attempting to procure gratification shall be deemed as giving gratification

(Non cognisable- I year imp/fine/both)

171 C- Undue influence at elections

Any Act which voluntarily interferes or attempts to interfere with the free exercise of any electoral right.

Threatening,inducing

Object of Divine Displeasure/spiritual censure

(Non cognisable- I year imp/fine/both)

171 D- Personation at elections

Anybody who applies to vote or votes in the name of another

Does it in fictitious name

Commits Personation

(Cognisable- I year imp/fine/both)

171 G- False statement in connection with an election

Whoever makes or publishes false statements about the personal character / conduct of any candidate is punishable with fine

(Non cognizable)

171 H – Illegal payments in connection with an election

Expenditure done by any person/ organization for a candidate without his written permission would be considered illegal whether the expenditure is in relation to a public meeting, advertisements, publication or in any other way.

(Non cognizable- Fine Rs 500.)

171 I – Failure to keep election accounts

The candidate does not maintain an account of his election expenditure in the manner specified

(Non cognizable- Fine Rs 500.)

Seizure has to be done with proper Panchnama/ Acknowledgement

The authority whom to appeal and procedure for appeal must be mentioned in the seizure order

FIR to be lodged and also put in notice board of RO.

Copy forwarded to SP, DEO, Exp. Observer, Nodal Officer of Police and Police Observer

(If any)

Prohibition of Public Meeting during 48 hours ending with hour fixed for polling u/s.126

Disturbances at Election Meeting u/s.127 Restrictions on Printing of Pamphlets /

Posters u/s.127A Grant of Paid Holiday u/s 135B

Corrupt Practices u/s 123 of RP Act, 1951

Bribing of voters Undue Influence Promotion of Enmity / hatred Publication of false statements Free conveyance to electors Booth Capturing Obtaining any assistance of Govt.

Servants

125. Promoting enmity between classes in connection with election.

125A. Penalty for filing false affidavit, etc.

126. Prohibition of public meetings during period of 48 hours ending with hour fixed for conclusion of poll.

127. Disturbances at election meetings. 127A. Restrictions on the printing of

pamphlets, posters, etc.

128. Maintenance of secrecy of voting. 129. Officers, etc., at elections not to act for

candidates or to influence voting. 130. Prohibition of canvassing in or near polling

stations. 131. Penalty for disorderly conduct in or near

polling stations. 132. Penalty for misconduct at the polling station. 132A. Penalty for failure to observe procedure for

voting 133. Penalty for illegal hiring or procuring of

conveyances at elections. 134. Breaches of official duty in connection with

elections.

134A. Penalty for Government servants for acting as election agent, polling agent or counting agent.

134B. Prohibition of going armed to or near a polling station.

135. Removal of ballot papers from polling station to be an offence.

135B. Grant of paid holiday to employees on the day of poll.

135C. Liquor not to be sold, given or distributed on polling day.

136. Other offences and penalties there for.

Thank You