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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
 Eg:

laws also mention such offences

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

to be made to the Magistrate

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
 The

warrant is executed outside the district

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
 98.

for persons wrongfully confined

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

desirable

prevention or speedy remedy is

!. 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)

Electoral Offences under RP
Act, 1951







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

RP Act, 1951
 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.

RP Act, 1951
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


RP Act, 1951
 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.

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Executive Magistrates in election process

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Executive Magistrates in election process