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    Role of The Executive Magistrate Under The CRPC

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    sarayu allu
    The document discusses the role of the executive magistrate under the Code of Criminal Procedure (CrPC). It notes that the CrPC classifies magistrates into executive magistrates and judicial magistrates. Executive magistrates are vested with powers related to maintaining law and order, such as granting and canceling licenses. Their role is mainly administrative and focused on preventative measures. The document outlines the research questions that will be examined, including who has authority as an executive magistrate and the functions of an executive magistrate. It describes the methodology as a doctrinal study using primary sources like the CrPC and secondary sources such as journals and case law.

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    Role of The Executive Magistrate Under The CRPC

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    The document discusses the role of the executive magistrate under the Code of Criminal Procedure (CrPC). It notes that the CrPC classifies magistrates into executive magistrates and judicial magistrates. Executive magistrates are vested with powers related to maintaining law and order, such as granting and canceling licenses. Their role is mainly administrative and focused on preventative measures. The document outlines the research questions that will be examined, including who has authority as an executive magistrate and the functions of an executive magistrate. It describes the methodology as a doctrinal study using primary sources like the CrPC and secondary sources such as journals and case law.

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    The document discusses the role of the executive magistrate under the Code of Criminal Procedure (CrPC). It notes that the CrPC classifies magistrates into executive magistrates and judicial magistrates. Executive magistrates are vested with powers related to maintaining law and order, such as granting and canceling licenses. Their role is mainly administrative and focused on preventative measures. The document outlines the research questions that will be examined, including who has authority as an executive magistrate and the functions of an executive magistrate. It describes the methodology as a doctrinal study using primary sources like the CrPC and secondary sources such as journals and case law.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    57 views3 pages

    Role of The Executive Magistrate Under The CRPC

    Uploaded by

    sarayu allu
    The document discusses the role of the executive magistrate under the Code of Criminal Procedure (CrPC). It notes that the CrPC classifies magistrates into executive magistrates and judicial magistrates. Executive magistrates are vested with powers related to maintaining law and order, such as granting and canceling licenses. Their role is mainly administrative and focused on preventative measures. The document outlines the research questions that will be examined, including who has authority as an executive magistrate and the functions of an executive magistrate. It describes the methodology as a doctrinal study using primary sources like the CrPC and secondary sources such as journals and case law.

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    SYNOPSIS

    Role of the Executive Magistrate under the CrPC 

    INTRODUCTION

    The judiciary’s vision to maintain autonomy to better administer justice has been voiced and well
    represented in the Code of Criminal Procedure as well in its classification of magistrates into two
    types – the Executive Magistrates and the Judicial Magistrates. Section 3(4) of the CrPC draws a
    line of demarcation between the functions of an executive magistrate and those of the Judicial
    Magistrates. The Judicial Magistrates are to give verdicts pronouncing punishments or penalty or
    detention and go through the evidence in the process of investigation while matters regarding
    granting, suspension and cancellation of licenses come under the purview of the role of an
    executive magistrate. Hence, we can understand that the scope of the functions of an executive
    magistrate is mainly limited to administrative matters, taking preventive measures and issues
    relating to maintenance of law and order. 

    Scope

    Researcher will limit its study to the Role of the Executive Magistrate under the CrPC 

    RESEARCH QUESTIONS

    1. Who is Vested with the Authority of an Executive Magistrate in Metropolises cities?


    2. What are the functions of Executive Magistrate?
    3. Whether an executive magistrate is competent to file an FIR?
    4. What does Section129 Tells?

    RESEARCH METHODOLOGY:

    NATURE OF THE STUDY:

    The study is doctrinal type. It is studied under the concepts of descriptive, analytical and
    explanatory forms of research.

    1
    SOURCES:-

    a. Primary Sources: Cr.P.C. Bare Code, 1973.

    Ratanalal and Dhirajlal, Criminal Procedure Code, 21st Edition.

    Sarkar Criminal Procedure Code.

    b. Secondary Sources: Journals, Articles, Case Laws & web data bases etc.

    METHOD OF CITATION:

    The researcher has adopted Bluebook 19th Edition of citation.

    LITERATRUE REVIEW

    In this project, researcher will refer the books, articles, research studies, online research articles,
    and Code of Criminal Pro cedure,1973 provisions.

     Press Trust of India, ‘How Police Officers can act as Executive Magistrates, asks SC’
    (Business Standard, 5 April 2018) New Delhi < https://www.business-
    standard.com/article/pti-stories/how-police-officers-can-act-as-executive-magistrates-
    asks-sc-118040501165_1.html> 

     Press Trust of India, ‘Executive Magistrate on private complaints cannot direct cops to
    lodge FIR: SC’ Business Standard (19 Dec 2018) New Delhi https://www.business-
    standard.com/article/pti-stories/executive-magistrate-on-private-complaint-cannot-direct-
    cops-to-lodge-fir-sc-118121900638_1.html

     K.N. Chandrasekharan Pillai, R.V. Kelkar’s Criminal Procedure. (Eastern Book


    Company) 2015.
     Sudipto Sarkar and V R Manohar, eds. S.C. Sarkar’s The Code of Criminal
    Procedure, Vol I. (Nagpur: Lexis Nexis Butterworth’s Wadhwa) 2012. 

    2
    Chapterisation :

     Introduction

     Defining the Role of an Executive Magistrate 

    o Police Vested with the Authority of an Executive Magistrate 

     Functions of an Executive Magistrate

    o Power of Maintaining Peace and Looking into Impending Threats to Law and
    Order 

    o Power to Dispose Unlawful or Potentially Unlawful Assemblies 

    o Power to File an FIR under Section 154 of the CrPC

     Conclusion

     Bibilography

    Case Laws

     Hari Chand, AIR 1969 SC 483, 487.

     Manohari v The District Superintendent of Police.

     B.A. Mahalingam v State of Tamil Nadu, Crl. O.P. No. 28941 of 2013.

     Sanaul Haque v State of UP,  2008 Cri LJ 747 (750) (Del).

     Chaganti Satyanaryan v State of Andhra Pradesh & Others, 1986 SCR (2) 1128.

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