REGISTERED No. D 221.

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 49] NEW DELHI, WEDNESDAY, SEPTEMBER 7, 1966/BHADRA 16, 1888 (S)

Separate paging is given to this Part in order that it may be filed

as a separate compilation

LOK SABHA

The following Bill was introduced in Lok Sabha on the 7th Sep-

tember, 1966: —

BILL NO. 67 OF 1966

A Bill to provide for the separation of judicial and executive func-

tions in the Union territories of Delhi and Himachal Pradesh.

BE it enacted by Parliament In the Seventeenth Year of the

Republic of India as follows: —

1. (1) This Act may be called the Delhi and Himachal Pradesh

(Separation of Judicial and Executive Functions) Act, 1966.

Short title,

extent and

commence-

ment.

(2) It extends to the Union territories of Delhi and Himachal

Pradesh.

(3) It shall come into force in a Union territory on such date as

567 G of I—l.

(

913

)

9±4

THE GAZETTE OF INDIA EXTRAORDINARY

[PAHT it

the Central Government may, by notification in the Official Gazette,

appoint:

Provided that different dates may be appointed for

different

areas in the Union territory of Himachal Pradesh and any reference

to the commencement of this Act in relation to a Union territory

or an area therein shall mean the date on which it comes into force

in that Union territory or area.

Definition.

2. In this Act, "Union territory" means the Union territory of

Delhi or Himachal Pradesh.

Amend-

ments to

Code erf

Criminal

Procedure

1898.

3. For the purpose of separation of Judicial and executive func-

tions, the Code of Criminal Procedure, 1898 shall, in its application

to a Union territory, be amended in the manner and to the extent

specified in the Schedule.

5 of 1898.

Amend-

ments not

to render

invalid noti-

fications,

etc before

commence-

of Act ment

4. The provisions of this Act which amend the Code of Criminal

Procedure, 1898 so as to alter the manner in which, the authority

by which, or the law under or in accordance with which, any powers

are exercisable, shall not render invalid any notification, order,

commitment, attachment, bye-law, rule or regulation duly made or

issued or anything duly done before the commencement of this Act,

and any such notification, order, commitment,

attachment, bye-law,

rule or regulation or thing may be revoked, varied or undone in

the like manner to the like extent and in the like circumstances, as

if it had been duly made, issued or done after the commencement

of this Act by the competent authority and in accordance with the

provisions then applicable to such case.

5 of 189S

Functions

exercisa-

ble by Judi-

pus t»io

Executive

Magistrates.

5. Where under any law the functions exercigable by a Magis-

trate relate to matters which involve the appreciation or sifting of

evidence or the formulation of any decision which exposes any per-

son to any punishment, or penalty, or detention in custody pending

Investigation, inquiry or trial or would have the effect of sending

him for trial before any Court, such functions shall, subject to the

provisions of this Act and the Code of Criminal Procedure, 1898, as

amended by this Act, be exercisable by a Judicial Magistrate; and

where such functions relate to matters which are administrative or

executive in nature, such as the grant of a licence, the suspension

or cancellation of a licence, sanctioning a prosecution, or withdraw-

ing from a prosecution, they shall, subject as aforesaid, be exercis-

able by an Executive Magistrate.

5 of 1898.

Saving

6. (I) Save as provided in this section, nothing in this Act shall

be deemed to affect—

(a) the validity, invalidity, effect or consequence of any-

thing done or suffered to be done before the commencement of

this Act;

(fa) any right, privilege, obligation or liability already

acquired, accrued or incurred before such commencement;

SEC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

915

inflicted in respect of any act before such commencement;

(d) any investigation, legal proceeding or remedy in respect

of such right, privilege, obligation, liability, penalty, forfeiture

or punishment,

5 of 1898.

and any such investigation, legal proceeding or remedy may be

instituted, continued or enforced and any such penalty, forfeiture

or punishment may be imposed in accordance with the provisions

of this Act and the Code of Criminal Procedure, 1S98, as amended

by this Act.

(2) All legal proceedings pending before a Magistrate or Court

immediately before the commencement of this Act shall, if such

Magistrate or Court ceases to have jurisdiction in respect of such

proceedings under the provisions of the Code of Criminal Procedure,

1898) as amended by this Act, stand on such commencement trans-

ferred to the Magistrate or Court having jurisdiction under the

provisions of the Code of Criminal Procedure, 1898, as amended by

this Act and shall be heard and disposed of by such Magistrate or

Court and such Magistrate or Court shall have all the powers and

jurisdiction in respect thereof as if they had been originally insti-

tuted before such Magistrate or in such Court, including the power

of the succeeding Magistrate under section 350 of the Code of

Criminal Procedure, 1898.

7. If any difficulty arises in giving effect to the provisions of this

Act, the Central Government, in consultation with the High Court,

may by order do anything (including the specification of the appro-

priate Magistrate, whether Judicial or Executive, having jurisdic-

tion under any law) not inconsistent with such provisions and for

the furtherance of the purposes of this Act which appear to It to be

necessary or expedient for the purpose of removing the difficulty.

Power t0

remove diffi-

culties.

THE SCHEDULE

(See section 3)

THE CODE OF CRIMINAL PROCEDURE, 1898

(5 OF 1898)

1. For section 6, the following sections shall be substituted,

namely: —

"6. Besides the High Court and the courts constituted under

any law other than this Code for the time being in force, there

shall be two classes of Criminal Courts, namely: —

I. Courts of Session.

II. Courts of Magistrates.

Classes of

Criminal

Courts.

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[PART II

Classes of

Magistrates.

A-l. Classes of Magistrates

6A. There shall be the following classes of Magistrates,

namely: —

I. Judicial Magistrates:

(1) Chief Judicial Magistrates.

(2) Judicial Magistrates of the first class.

(3) Judicial Magistrates of the second class.

(4) Special Judicial Magistrates.

II. Executive Magistrates:

(1) District Magistrates.

(2) Sub-divisional Magistrates.

(3) Executive Magistrates of the first class.

(4) Executive Magistrates of the second class.

(5) Special Executive Magistrates.".

2. For section 7, the following section shall be substituted, name-

ly:—

Sessions

divisions

and dis-

tricts.

"7. (1) Every State shall consist of sessions divisions; and

every sessions division shall, for the purposes of this Code, be

a district or part of a district or consist of districts.

(2) The State Government, in consultation with the High

Court, may alter the limits or the number of such divisions and

districts.

2 0

(3) The sessions divisions and districts existing in the Union

territory of Delhi or Himachal Pradesh immediately before the

commencement of the Delhi and Himachal Pradesh (Separation

of Judicial and Executive Functions) Act, 1966, in that

Union

territory shall be sessions divisions and districts

respectively,

unless and until they are altered as provided in sub-section (2).".

3. In section 9,—

(1) in sub-section (1), after the words "sessions

division,

and", the words "in consultation with the High Court/'

shall

be inserted:

(ii) in sub-section (2), after the words "State Government",

the words "in consultation with the High Court" shall be

in-

serted;

SEC. 2 ]

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917

(Hi) in sub-section (3), after the words "may

also", the

words "in consultation

with the High Court" shall be insert-

ed; and

(iv) in sub-section 4), after the words "State Government",

wherever they occur, the words "in consultation with the High

Court" shall be inserted.

4. In section 10,—

(i) for the marginal heading, the following shall be sub-

stituted, namely: —

"District Magistrate and Chief Judicial Magistrate.";

(ii) in sub-section (1), for the words "a Magistrate", the

words "an Executive Magistrate" shall be substituted; and after

that sub-section as so amended, the following sub-sections shall

be inserted, namely: —

"(1A) In every district the State Government shall, in

consultation with the High Court, invest a Judicial Magis-

trate of the first class with the powers of a Chief Judicial

Magistrate under this Code or any other law for the time

being in force.

(IB) The State Government may, in consultation with

the High Court, appoint any Judicial Magistrate of the first

class to be an Additional Chief Judicial Magistrate and such

Additional Chief Judicial Magistrate shall have all or any of

the powers of a Chief Judicial Magistrate referred to in

sub-section (1A), as the "State Government may direct.";

(Hi) in sub-section (2), for the words "any Magistrate of the

first class", the words "any Executive Magistrate of the first

class" shall be substituted;

(iv) for sub-section (3), the following sub-section shall be

substituted, namely: —

"(3) For the purposes of section 88, sub-section (6C),

section 406B and section 528, sub-sections (2B) and (3), such

Additional District Magistrate shall be deemed to be sub-

ordinate to the District Magistrate; and for the purposes of

section 88, sub-section (6C), section 192, sub-section (/),

section 406B and section 52fl, sub-sections (2) and (2A),

such Additional Chief Judicial Magistrate shall be deemed

to be subordinate to the Chief Judicial Magistrate.".

9¹⁸

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

Executive

and Judi-

cial Magis-

trates.

5. For section 12, the following section shall be substituted,

namely: —

"12. (1) The State Government may appoint as many persons

as it thinks fit, besides the District Magistrate, to be Executive

Magistrates of the first or second class in any district, and the

State Government or the District Magistrate, subject to the

control of the State Government, may, from time to time, define

local areas within which such persons may exercise all or any of

the powers with which they may respectively be invested under

this Code.

(2) The State Government, in consultation with the High

Court, may confer on any person who is a member of the Judicial

Service of the Union territory of Delhi or Himachal Pradesh,

the powers of any class of a Judicial Magistrates in any district;

and the State Government, in consultation with the High Court,

or the Chief Judicial Magistrate, subject to the control of the

High Court, may, from time to time, define local areas within

which he may exercise all or any of the powers with which he

may be invested under this Code.

(3) The State Government, in consultation with the High

Court, may, for such period not exceeding three years from the

commencement of the Delhi and Himachal Pradesh (Separation

of Judicial and Executive Functions) Act, 1966, as it may think

fit, appoint as many persons, who are members of a Civil Service

in the Union territory of Delhi or Himachal Pradesh or in any

State and who are or have been exercising the powers of a Magis-

trate in such territory or State at or before the commencement of

the said Act, as may be considered necessary to be Judicial Magis-

trates in any district; and the State Government, in consultation

with the High Court, may define local areas within which such

persons may exercise all or any of the powers with which they

may, respectively, be invested under this Code.

(4) Except as otherwise provided by such definition,

the

jurisdiction and powers of such persons shall extend throughout

such district.".

6. In sub-section (I) of section 13, for the word "Magistrate", the

words "Executive Magistrate" shall be substituted.

7. For section 14, the following section shall be substituted,

namely: —

Special

Judicial

Magis-

trates.

"14. (I) The State Government may, in consultation v/ith

the High Court, confer upon any person who holds or has held

any judicial post under the Union or a State, or possesses such

other qualifications, as may, in consultation with the High Court,

SEC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

9I9

be specified in this behalf by the State Government by notifica-

tion in the Official Gazette, all or any of the powers conferred or

conferable by or under this Code on a Judicial Magistrate in res-

pect to particular cases or to a particular class of cases, or in

regard to cases generally in any local area.

Such Magistrates

shall be called Special Judicial Magistrates and shall be appoint-

ed for such term as the State Government may, in consultation

with the High Court, by general or special order, direct.

(1) The State Government may also appoint Executive Magis-

, trates for particular areas or for the performance of particular

functions and confer on them such powers as it deems fit. Such

Magistrates shall be called Special Executive Magistrates and shall

be appointed for such term as the State Government mays by

general or special order, direct.".

Special

Judicial

Magistra-

tes.

8. For sub-section (1) of section 15, the following sub-section

shall be substituted, namely: —

" (1) The State Government, in consultation with the High Court,

may direct any two or more Judicial Magistrates in any place in the

Union territory of Delhi or Himachal Pradesh to sit together as a

Bench, and may by order invest such Bench with any of the powers

conferred or conferable by or under this Code on a Judicial Magis-

trate of the first or second class, and direct it to exercise such powers

in such cases, or, such classes of caseg only, and within such local

limits, as the State Government, in consultation with the High Court,

thinks fit.".

Benches of

Judicial

Magistrates.

9. In section 16,—

(t) for the words "The State Government may, or, subject

to the control of the State Government, the District Magistrate",

the words "The High Court subject to the approval of the State

Government," shall be substituted; and

(ii) for the words "Magistrates' Benches", the words "Judi-

cial Magistrates' Benches" shall be substituted,

10. For section 17, the following sections shall be substituted,

namely:—

"17.(1) All Judicial Magistrates appointed under sub-sections

(2) and (3) of section J2} and section 14 and all Benches consti-

tuted under section 15, subject to the control of the Sessions

Subordina-

tion of Judi-

cial Magis-

trates and

626

THE GAZETTE) OF INDIA EXTRAORDINARY

[PART II

Benches to

Chltff Judi-

cial Magis-

trates,

and of Chief

Judicial

Magistra-

tes and

Assistant

Sessions

Judges to

Sessioni

Judge.

Judge, be subordinate to the Chief Judicial Magistrate, and the

Chief Judicial Magistrate may, from time to time, make rules or

give special orders consistent with this Code as to the distribu-

tion of business among such Magistrates and Benches.

(2) All Chief Judicial Magistrates shall be subordinate te

the Sessions Judge.

(3) All Assistant Sessions Judges shall be subordinate to the

Sessions Judge In whose Court they exercise jurisdiction, and

the Sessions Judge may, from time to time, make rules consistent

with this Code as, to the distribution of business among such

Assistant Sessions Judges.

(4) The Sessions Judge may also, when he himself is un-

avoidably absent or incapable of acting, make provision for the

disposal of any urgent application by an Additional or Assistant

Sessions Judge, or, if there be no Additional or Assistant Sessions

Judge, by the Chief Judicial Magistrate, and such Judge or Magis-

trate shall have jurisdiction to deal with any such application.

Subordina- .

tion of

Executive

Magistrates.

17. (1) All Executive Magistrates appointed

under sub-

section (/) of section 12 and section 13 shall be subordinate to

the District Magistrate and every Executive Magistrate (other

than a Sub-divisional Magistrate) exercising powers in a sub-

division shall also be subordinate to the Sub-divisional Magis-

trate, subject, however, to the general control of the District

Magistrate.

(2) The District Magistrate may, Irom time to time, make

rules or give special orders consistent with this Code as to the

distribution of business among Executive Magistrates subordinate

to him and as to allocation of business to an Additional District

Magistrate.

Courts in-

ferior to

High

Court and

Court of

Session.

17B. Courts of Session and Courts of Judicial and Executive

Magistrates shall be Criminal Courts

inferior to the High Court

and Courts of Judicial and Executive Magistrates shall be Crimi-

nal Courts Inferior to the Court of Session.".

11. For sub-section (1) of section 29, the following sub-section

shall be substituted, namely:—

"(1) Subject to the other provisions of this Code, any offence

under any other law shall, when any Court is mentioned in this

behalf in such law, be tried by such Court

Src. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

921

Provided that ii' th-; CourL so mentioned is a Court specified

in column (1) of the T\ble below, such offence shall be tried by

the Court u£ the Judicial Magistrate specified against it in column

(2) thereof.

TAI3LE

Name of Court specified

in the law

(1)

District

Magistrate

Magistrate of th*; first

class.

Sub-divisional Mngis-

tratc.

Magistrate of the second ~\

clajs.

Magistrate of the third j

cla-s.

Magistrate (except wlf^re

it occurs in any <xprcs-

sion mention<~d above).

Court by which triable

(2)

Chief Judicial Magistrate.

Judicial Magistrate of the

first class.

Judicial M"g^!strate of the

first class.

Judicial Magistrate of the

second class.

Judicial Magistrate".

12. In section 29B, for the wo.-ds "a District Magistrate or a Chief

Presidency Magistral/¹, or by any Magistrate specially empowered by

the State Government", the words "a Chief Judicial Magistrate Or any

other Judicial Magistrate specially empowered by the State Govern-

ment in consultation with the High Court" shall be substituted.

13. For section 30, the following section

shall be

substituted,

namely: —

•5

"30, Notwithstanding anything contained in

section 28 or

section 29, the State Government in consultation with the High

Court, may 'nvost any Ch'ef Judicial Magistrate or any other

Jud'cial Magistrate of the first cl?sa with power to try as a Judi-

cial Magistrate all offences not punishable with death or with

imprisonment for l'fe or with imprisonment for a term exceeding

seven years:

Provided 'hat no Chief Judicial Magistrate or Judicial Magis-

trate of the first class shall be invested with such powers unless

Offences

punishable

with impri-

sonment not

exceeding

seven years.

567 G of 1—2.

922

THE GAZETTE) OF INDIA EXTRAORDINARY

[PAHT II

he has, for not less than ten years, exercised as a Magistrate

powers not inferior to those of a Magistrate of the first class:

Provided further that if any Judicial Magistrate of the first

class has, prior to his appointment as such Magistrate, exercised

the powers of an Assistant Sessions Judge, he may he invested

with the powers under this section notwithstanding the fact that

he has not exercised the powers of a Magistrate of the first class

for not less than ten years.".

14. In section 32,—

(a) in sub-section (1),—

(i) in the opening sentence, before the word "Magist-

rates", the word "Judicial" shall be inserted;

(it) in clause (a) for the words "Courts of Presidency

Magistrates and of Magistrates of the first class:", the words

"Courts of Judicial Magistrates of the first class:" and in

clause (b), for the words "Courts of Magistrates", the words

"Courts of Judicial Magistrates" shall be substituted;

(iii) clause (c) shall be omitted;

(b) in sub-section (2), for the words "any Magistrate", the

words "any Judicial Magistrate" shall be substituted.

2 0

15. In section 33, in sub-section (1),—•

(0 in the opening paragraph, for the words "any Magistrate",

the words "any Judicial Magistrate" shall be substituted;

(ii) in the proviso, In clause (b), for the words "by a Magis-

trate", the words "by a Judicial Magistrate" shall be substituted.

16. In the marginal heading of section 34, for the word "District",

the word "Judicial" shall be substituted.

17. In section 36, after the words "District Magistrates,", the words

"Chief Judicial Magistrates," shall be inserted; and for the words

"Magistrates of the first, second and third classes" the words "Judi-

cial and Executive Magistrates other than Special Judicial pr Execu-

tive Magistrates" shall be substituted,

SEC. 2]

TtlE GAZETTE OF INDIA EXTRAORDINARY

923

18. For sections 37 and 38, the following sections shall be substi-

tuted^ namely: —

"37. In addition to the ordinary powers,—

(i) the State Government, in consultation with the High

Court may invest any Judicial Magistrate with any of the

powers specified in Part I A of Schedule IV;

(ii) a Chief Judicial Magistrate may invest any Judicial

Magistrate within his local jurisdiction with the powers spe-

cified in Part I B of Schedule IV.

Additional

powers

conferable

on Magis-

trates.

[ O

(Hi) the State Government may invest any Executive

Magistrate with any of the powers specified in Part II A of

Schedule IV; and

(iv) a District Magistrate may invest any

Executive

Magistrate within his local jurisdiction with the powers

specified in Part II B of Schedule IV.

38. The power conferred on the Chief Judicial Magistrate

under clause (ii) of section 37 shall be exercised subject to the

control of the High Court and the State Government and the

power conferred on the District Magistrate under clause (iv) ot

that section shall be exercised subject to the control of the State

Government.".

Exercise

of powers

under

section 37

by Chief

Judicial

Magis-

trate or

District

Magis.

trate to be

subject to

control of

High

Court or

State Gov-

ernment.

19. After section 38, the following section

shall be

Inserted,

namely: —

"38A. Whenever, under any provisions of this Code or of

any other law for the time being in force relating to any of

the matters specified in Lists II and III of the Seventh Sche-

dule to the Constitution, any judicial powers are to be conferred

on a Sessions Judge, or an Additional or Assistant Sessions Judge

or a Chief Judicial Magistrate or any other Judicial Magistrate

or any such Magistrate is to be specially empowered to exercise

such powers, the orders conferring such powers or empowering

Powers on

Judicial

Magis-

trates to

be confer-

red in

consults,

tion with

High

Court.

924

T H E GAZETTE' OF INDIA. EXTRAORDINAEY

[.PART II

the exercise of sucli powers shall bo made by the State Govern-

ment in consultation with the High Court notwithstanding that

such provision may

expressly so provide.

Explanation.—For the purposes of this section, the question

whether any powers are judicial sha!¹. b ? decided by the State

Government in consul tat ioa with the High Court and such deci-

sion shall be final.".

zo. In sub-section (1) of section 39, for the words "the

State

Government", the words "the State Government, in consultation

with the High Court, where necessary," shall be substituted.

21. In section 40, for the words "State

Government",

occur-

ring for the second time, the words "State Government, in

con-

sultation with the High Court, where necessary," shall be substi-

tuted.

22. In section 41,—

(i)

in sub-section (7), after the words "the State Govern-

ment", the words "in consultation with the High Court, where

necessary," shall be inserted; and

(ii) for sub-section (2), the following sub-section shall be

substituted, namely:—i

" (2) Any powers conferred by the

Chief

Judicial

Magistrate or the District Magistrate may be withdrawn by

him.";

2 0

23. In

section 57,—•

(i)

in sub-section (2), for the words "a Magistrate", the

words "a Judicial Magistrate having jurisdiction" shall be sub-

stituted;

(ii) in sub-section

(3), for the word "Magistrate", the

words "Judicial Magistrate" shall be substituted.

In section 63, for the word "Magistrate", the words "Magis-

trate having jurisdiction" shall be substituted.

25. For sub-section (t) 01 section 78, the following

sub-section

shall be substituted, namely; —

"(1) A District Magistrate or a Chief Judicial Magistrate

or any other Judicial Magistrate of the first class or a Sub-divi-

sional Magistrate

may direct

a warrant to any

landholder,

former or manager of land within the area of his jurisdiction

SEC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

925

for the arrest of. znj escaped convict, proclaimed offender or

person who has bean accused of a non-bailable offence, and who

has eluded pursuit.".

26. In section 88,—

(a)

in sub-section (2),

after the words "District Magis-

trate", the words "ur Chief Judicial Magistrate" shall be inser-

ted; ;

(b)

in sub-secrion (6n),

after the words "District Magis-

trate", the words "or Chief J id'cial Magistrate" shall be inser-

ted; and

(c)

for the proviso to sub-section (6C), the

following

proviso shall be substituted, namely: —

"Provided that if it is preferred or made in the Court

of a District Magistrate or Chief Judicial Magistrate, he may

make it over for disposal to any Magistrate subordinate to

him, and such Magistrate shall have all the powers and

jurisdiction in re&psct of such claim or objection as if the

order oi attachment had been issued by such

Magistrate

and the claim or objection had been originally preferred or

made before him.".

27. In section 95, after the words "District Magistrate", wherever

they occur, the words "Chief Judicial Magistrate" shall be inserted.

28. In sub-section (2) of section 96, after the words

"District

Magistrate", the words "or Chief Judicial Magistrate" shall be in-

serted.

29. In section 98, after the words "District Magistrate", wherever

they occur, the words "Chief Judicial Magistrate" shall be inserted.

30. In sub-section (1) of section 106, for the words "Court of a

Presidency Magistrate, a District Magistrate, a Sub-divisional Magis-

trate or a Magistrate", the words "Court of a Chief Judicial Magis-

trate or any other Judicial Magistrate" shall be substituted.

31. la sections 107, 'OSav.d 109, for

the words "Magistrate of the

Erst class" and in section 110, for the words "a Magistrate of the

first class", the words "an Executive Magistrate of the firs': class"

shall be substituted.

32. In section 124,—

(i) for the words "Chief Presidency", wherever they occur,

the words "Chief Judicial" shall be substituted;

926

THE GAZETTE! OF INDIA EXTRAORDINARY

[f ART it

(ii)

in sub-section (I),

for the words "under

this

Chapter", the words "under section 118 o , as the case may be,

under section 106" shall be substituted; and

(in) in sub-section (2), for the words "under this Chapter",

the words "under section 106 or, as the case may be, under

section 118" shall be substituted.

Power of

Chief

Judicial

Magistrate

and District

Magistrate

to cancel

any bond

for

keeping

the peace

or good

behaviour.

33. For section 125, the following section shall be substituted,

namely: —

"125. The Chief Judicial Magistrate may at any time, for

sufficient reasons to be recorded in writing, cancel any bond for

keeping the peace executed under section 106 and the District

Magistrate may at any time likewise cancel any bond for keeping

the peace or for good behaviour executed under section 118

by order of any Court in his district not superior to his Court.".

1 0

34. In section 126,—

(1) in sub-section (1), for the words "to a Presidency Magis-

trate, District Magistrate, Sub-divisional Magistrate or Magis-

trate of the first class", the words "to the Court by which an

order to give security was made under section 106 or section 118"

shall be substituted; and

(ii) for sub-section (2), the following sub-section shall be

substituted, namely: —

"(2) On such application being made, the Court shall

issue summons or warrant, as it thinks fit, requiring

the

person for whom such surety is bound to appear or to be

brought before it.".

35. In sections 127, 128, 12S, and 132, for the word "Magistrate",

wherever it occurs, the words "Executive Magistrate" shall be sub-

stituted and in sections 130 and 131, for the words "a, Magistrate",

the words "an Executive Magistrate" shall be substituted.

36. In ssction 133,—

(i) in the opening paragraph of sub-section

(1) and In

sub-section (2), for the words "a Magistrate", the words "an

Executive Magistrate" shall be substituted; and

(ii) in the closing paragraph of sub-section (1), for the

words "Magistrate of the first or second class", the words "Exe-

cutive Magistrate" shall be substituted.

SEC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

937

37- In section 143, for the words "any other Magistrate",

the

words "any other Executive Magistrate" shall be substituted.

38. In sub-section (1) of section 144, for the words and brackets

"any other Magistrate (not being a Magistrate of the third class)",

the words "any other Executive Magistrate" shall be substituted.

39. In sub-section (1) of section 145 and

sulb-sectlon

(7) of

section 147, for the words "Magistrate of the first class", the words

"Executive Magistrate of the first class" shall be substituted.

40. In sub-section (1) of section 155, the words "having power to

try such case or commit the same for trial" shall be inserted at the

end.

41. For sub-section (1) of section 164, the following sub-section

shall be substituted, namely: —

"(1') Any Executive Magistrate of the first class and any

Executive Magistrate of the second class (not being a police offi-

cer) specially empowered in this behalf by the State Government,

and any Judicial Magistrate of the first class or any

Judicial

Magistrate of the second class specially empowered in this behalf

by the State Government in consultation with the High Court,

may record any statement or confession made to him in the course

of an investigation under this Chapter or under any other law

for the time being in force or at any time afterwards before the

commencement of the inquiry or trial.".

42. In section 167,—

(i) for the proviso to sub-section (2), the following proviso

shall be substituted, namely: —

"Provided that no Executive or Judicial Magistrate of

the second class not specially empowered in this behalf by

the State Government in consultation with the High Court,

where necessary, shall authorise detention in the custody of

the police."; and

(it) for sub-section (4)f the following sun-section shall be

substituted, namely: —

"(4) If such order is given by an Executive Magistrate

other than the District Magistrate or Sub-divisional Magis-

trate, he shall forward a copy of his order, with his reasons

for making it, to the Magistrate to whom he is immediately

938

THE GAZETTEI OF [NOT,-\ 7C TRV./RDrtJARY

[PART XI

subordinate and if such oi-l.-r is given by a Judicial Magisi-

rate, he shall forward a copy nf Iv'c order, with his reasons

for making it, to the Chief Judic'al Magistrate.".

43. In sub-section (3) of section 170, for the

words

"District

Magistrate or Sub-divisional Magistrate", the words "Chief Judicial

Magistrate" shall be substituted.

44. In sub-section (5) of section 174, for the words "Magistrate of

the first cluss and any Magistrate", the words "Executive Magistrate

of the first class and any other ExeL'Ufve Magistrate" uhall be substi-

tuted.

45. In sub-section (1) of section 186. for the words "a Presidency

Magistrate, a District Magistrate, a Sub-divisional Magistrate, or, if he

is specially empowered in this behalf by thr Fhte Government, a

Magistrate of the first class", the words "a District Magistrate, a Chief

Judicial Magistrate, a Sub-divisional Mi^strnt", or, -if h"¹ is specially

empowered in this behalf by the State Government In consultation

with the High Court, where necessary, an

Executive or

Judicial

Magistrate of the first class" shall be substituted.

46. In sub-section (1) oF section 107, for th<-> words "a Presidency

Magistrate or District Magistrate, such

Magistrate shall send the

person arrested to the District or Sub-divisional

Magistrate", the

words "a District Magistrate or Chief Judicial Magistrate, such Magis-

trate shall send the person arrested to the District or Sub-divisional

Magistrate, or, as the case may be, to the Chief ludicial Magistrate"

shall be substituted.

47. In section 190,—

(i) in sub-section (1), for the words, "any Pre-sidfncy Magis-

trate, District Magistrate or Sub-divisional Magistrate and any

other Magistrate", the words "any Chief Judicial Magistrate and

any other Judicial Magistrate" shall be substituted;

(ii) in sub-section (2), for the worch "the State Government,

or the District Magi ,trat<_\ ;:ubjrct to t'ic go; e-;il o- "vcJiii order;

of the State Government, may empower any

Magistrate", the

words "the State Government

in consultat^;on

with the High

Court, or the Chief Judicial Magistrate, subject to the general or

special orders of the High Court, may empower any other Judicial

Magistrate" shall be substituted; and

(in)

in sub-section (.5), for the words "State Government

may empower any Magistrate", the words "State Government, in

SEC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

929

consultation with the High Court, may empower any

Judicial

Magistrate" shall be substituted.

48. In section 192,—

(i) in sub-section (1), for the words "Any Chief Presidency

Magistrate, District Magistrate or Sub-divisional Magistrate", the

words "Any Chief Judicial Magistrate" shall be substituted; and

(ii) in sub-section (2), for the words "District Magistrate",

the words "Chief Judicial Magistrate" shall be substituted.

49. In sub-section (2) of section 193, for the words

"the State

Government", the words "the State Government, in

consultation with

the High Court," shall be substituted.

50. In section 196B, for the words "Chief Presidency Magistrate",

the words "Chief Judicial Magistrate" shall be substituted.

51. In sub-section (1) of section 206, for the words and brackets

"Any Presidency Magistrate,

District

Magistrate,

Sub-divisional

Magistrate or Magistrate of the first class or any Magistrate (not being

a Magistrate of the third class

empowered in this behalf by the

State Government,", the words "Any Chief Judicial Magistrate or a

Judicial Magistrate of the first class or any Judicial Magistrate of the

second class

empowered in this behalf by

the State Government,

in consultation with the High Court," shall be substituted.

52. In section 249, for the words "a Presidency Magistrate, a Magis-

trate of the first class, or, with the previous sanction of the District

Magistrate, any other Magistrate", the words "a Judicial Magistrate

of the first class, or, with the previous sanction of the Chief Judicial

Magistrate, any Judicial Magistrate of the second class" shall be sub-

stituted.

53. In sub-section (3) of section 250, the words "or third" shall be

omitted.

54. In the opening paragraph of sub-section (1) of section 260, for

clauses (a), (b) and (c), the following clauses shall be substituted,

namely: —

"(a) the Chief Judicial Magistrate,

(b) any Judicial Magistrate of the first class specially em-

powered in this behalf by the State Government, in consultation

with the High Court, and

567 G of I.

. 3

930

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

powers of a Judicial Magistrate of the first class and specially

empowered in this behalf by the State Government in consulta-

tion with the High Court,".

55. In section 261,—

(i) In the marginal heading, for the words "Bench of Magis-

trates", the words "Bench of Judicial Magistrates" shall be sub-

stituted;

(ii) in the opening paragraph, for the words "State Govern-

ment may confer on any Bench of Magistrates invested with the

powers of a Magistrate of the second or third class", the words

"State Government in consultation with the High Court may

confer on any Bench of Judicial Magistrates invested with the

powers of a Judicial Magistrate of the second class" shall be sub-

stituted.

56. In section 263, for the words "Bench of Magistrates", the words

"Bench of Judicial Magistrates" and for the words "the State Govern-

ment", the words "the High Court" shall respectively be substituted.

57. In sub-section (2) of section 265, for the words "The State

Government may authorize any Bench of Magistrates", the words "The

State Government, in consultation with the High Court, may authorise

any Bench of Judicial Magistrates" shall be substituted.

2 0

58. In sub-sections (1) and (2) of section 269, after the words

"State Government", the words "in

consultation

with the High

Court," shall be inserted.

59. In section 337, in sub-section (1),—

(i) in the opening paragraph, for the words "a Presidency

Magistrate, a Sub-divisional Magistrate", the words "the Chief

Judicial Magistrate" shall be substituted;

(ii) for the proviso, the following proviso shall be substitu-

ted, namely: —

"Provided that where the offence Is under inquiry or

trial, no Magistrate of the first class other than the Chief

Judicial Magistrate shall exercise the power hereby conferred

unless he is the Magistrate making the inquiry or holding

the trial, and, where the offence is under investigation, no

Magistrate of the first class other than the District Magis-

trate or the Chief Judicial Magistrate shall exercise the power

unless he is the Judicial Magistrate having jurisdiction in a

place where the offence might be inquired into or tried and

the sanction of the Chief Judicial Magistrate has been obtain-

ed to the exercise thereof.".

60. In section 338, for the words "District Magistrate", the words

"Chief Judicial Magistrate" shall be substituted.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

93*

61. In sub-section (1) of section 346, after the words "District

Magistrate", the words "or the Chief Judicial Magistrate, as the case

may be," shall be inserted.

62. In section 349,—

(i) in sub-section (1),—

(a) for the words "a Magistrate of the second or third

class", the words "a Judicial Magistrate of the second class"

shall be substituted; and

(b) for the words "District Magistrate or Sub-divisional

Magistrate", the words "Chief Judicial Magistrate¹' shall be

substituted; and

(ii) in sub-section (1A), for the words "District Magistrate

or Sub-divisional Magistrate", the words "Chief Judicial Magis-

trate" shall be substituted.

63. For section 373, the following section shall be substituted,

namely: —

"373. In cases tried by the Court of Session, the Court shall

forward a copy of its finding and sentence (if any) to the District

Magistrate and the Chief Judicial Magistrate within the local

limits of whose jurisdiction the trial was held.".

Court

of Session

to send

copy of

finding

and sent-

ence to

District

Magis-

trate and

Chief

Judicial

Magis-

trate.

64. In section 380, for the words "Magistrate of the first class or

a Sub-divisional Magistrate", the words "Judicial Magistrate of the

first class" shall be substituted.

65. For section 406A, the following sections shall be substituted,

namely: —

"406A. Any person aggrieved by an order refusing to accept

or rejecting a surety under section 122 may appeal against

such order,—•

Appeal

from

order

refusing

to accept

or reject-

Ing a

flurety.

(a) if made by the District Magistrate or the Chief Judi-

cial Magistrate, to the Court of Session;

(b) if made by an Executive Magistrate other than the

District Magistrate, to the District Magistrate; and

Chief Judicial Magistrate, to the Chief Judicial Magistrate.

932

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

Transfer

of appeal

to Addi-

tional

District

Magis-

trate or

to Addi-

tional

Chief

Judicial

Magis-

trate.

406B. The District Magistrate or the Chief Judicial Magis-

trate may transfer any appeal presented to him under section

406A to an Additional District Magistrate or to the Additional

Chief Judicial Magistrate, as the case may be, and such Addi-

tional District Magistrate or Additional Chief Judicial Magistrate

may hear and dispose of the appeal.".

66. In section 408, for the words and figures "a District Magistrate

or any other Magistrate, or any person sentenced under section 349

or in respect of whom an order has been made or a sentence has been

passed under section 380 by any Magistrate", the words "or a Judicial

Magistrate or any person sentenced under section 349 or in respect

of whom an order

has been made or a sentence has been passed

under section 380 by a Judicial Magistrate" shall be substituted.

67. In section 409,—

(i) in the proviso to sub-section (1), the words "or third"

shall be omitted; and

(ii) in sub-section (2), for the words "State Government",

the words "State Government, in consultation

with

the High

Court," shall be substituted.

68. In section 412, for the words "Magistrate of the first class",

the words "Judicial Magistrate of the first class" shall be substituted.

69. In section 413, for the words "or District Magistrate or other

Magistrate", the words "or Chief Judicial Magistrate or other Judicial

Magistrate" shall be substituted.

2 0

70. In sub-section (7) of section 425, for the

words "District

Magistrate", wherever they occur, the words "Chief Judicial Magis-

trate" shall be substituted, and the words "and a copy thereof shall be

forwarded to the District Magistrate" shall be inserted at the end.

71. In sub-section (1) of section 428, for the word

"Magistrate"

wherever it occurs, the words "Judicial Magistrate" shall be substitu-

ted.

SEC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

933

72. For section 435, the following section

shall be substituted,

namely: —

"435 (1) The High Court or any Sessions Judge may call for

and examine the record of any proceeding before any inferior

Criminal Court situate within the local limits of its or his juris-

diction and any Chief Judicial Magistrate may call for and exa-

mine the record of any proceedings before any Judicial Magistrate

under his jurisdiction for the purpose of satisfying itself or him-

self as to the correctness, legality or propriety of any finding,

sentence or order recorded or passed, and as to the regularity

of any proceedings of such inferior Court or such Magistrate, as

the case may be, and may, when calling for such record direct

that the execution of any sentence or order be suspended and, if

the accused is in confinement, that he be released on bail or on

his own bond pending the examination of the record.

Power

to call

for

records

of inferior

Courts.

(2) The District Magistrate or any Sub-divisional Magistrate

empowered by the State Government in this behalf, may call for

and examine the record of any proceedings before any Subordi-

nate Executive Magistrate for the purpose of satisfying himself

as to the correctness, legality or propriety of any order recorded or

passed, and as to the regularity of any proceedings of such Sub-

ordinate Magistrate and may, when calling for such record, direct

that the execution of any order be suspended and if the person

is in confinement he be released on bail on his own bond pending

the examination of the record-

(3) If any Sub-divisional Magistrate acting under sub-sec-

tion (2) considers that any such proceeding or order is illegal

or improper he shall forward the record, with such remarks there-

on as he thinksⁿ^i to the District Magistrate.

(4) The High Court may call for and examine the record of

any proceeding under section 118, 122, 143, 144 or 145, notwith-

standing the fact that such proceeding was before an Executive

Magistrate.

(5) If an application in respect of any proceeding before any

Judicial Magistrate other than the Chief Judicial Magistrate has

been made under sub-section (1) either to the Sessions Judge

or the Chief Judicial Magistrate, no further application shall be

entertained by the other of them and if an application in respect

of any proceeding before any Executive Magistrate has been made

to the Sessions Judge under sub-section (1) or to the District

Magistrate under sub-section (2) no further application shall be

entertained by the other of them

934

THE GAZETTE OF lNf>lA EXTRAORDINABY

[PART It

73. Section 436 shall be re-numbered as sub-section (1) there-

of, and—

(i) in sub-section (/) as so re-numbered—

(a) for the words "District Magistrate", wherever they

occur, the words "Chief Judicial Magistrate" shall be substi-

tuted;

(b) in the proviso, for the word "section", the word

"sub-section" shall be substituted;

(ii) after sub-section (1) as so re-numbered, the following

sub-section shall be inserted, namely: —

"(2) On examining any record under

section 43J> or

otherwise, the District Magistrate may direct any Sub-divi-

sional Magistrate or any other Magistrate subordinate to him

to make, and the Sub-divisional Magistrate

may himself

make or direct any subordinate Magistrate to make, further

inquiry into any proceeding in which an order of release or

discharge has been made under section 119:

Provided that no District Magistrate shall make any

direction under this sub-section for further inquiry into the

case of any person who has been released or discharged un-

less such person has had an opportunity of showing cause

why such direction should not be made.".

2 0

74. In section 437, for the words "District Magistrate", wherever

they occur, the words "Chief Judicial Magistrate" shall be substitu-

ted.

75. In section 438,—

(i) in sub-section (1), for the words "District Magistrate",

the words "Chief Judicial Magistrate" shall be substituted; and

(ii) after sub-section (2), the following sub-section shall be

inserted, namely: —

"(3) The District Magistrate, on examining under sec-

tion 435 or otherwise the record of any proceeding,—

(o) shall, if such proceeding is in respect of an order

under section 118, 122, 143, 144 or 145 and if he thinks

that the order made in such proceeding should be rever-

sed or altered, report for the orders of the High Court

the result of such examination;

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

935

(b) may, if such proceeding is in respect of an order

made under any other section, exercise, subject to the

provisions of sub-section (2) of section 436, any of the

powers conferred on a Court of appeal by sections 423,

426, 427 and 428.".

76. In sub-section (3) of section 439, for the words "a Magistrate

of the first class", the words "a Judicial Magistrate of the first class"

shall be substituted.

77. In section 479, for the words "Presidency Magistrate, District

Magistrate or other Magistrate", the words "Chief Judicial Magistrate

or any other Judicial Magistrate" shall be substituted.

78. In sub-section (1) of section 488, for the words "District Magis-

trate, a Presidency Magistrate, a Sub-divisional Magistrate or a Magis-

trate", the words "Chief Judicial Magistrate or any other Judicial

Magistrate" shall be substituted.

2 0

79. In sub-section (2) of section 512, for the words "any Magis-

trate of the first class", the words "any Judicial Magistrate of the first

class" shall be substituted.

80. For section 515, the following section shall be substituted

namely: —

"515. All orders under section 514 shall be appealable—

(i) to the District Magistrate, if passed by an Executive

Magistrate; and

(ii) to the Chief Judicial Magistrate, if passed by a Judi-

cial Magistrate,

Appeal

from,

and revi-

sion ofF

orders

under

section

514.

or if not so appealed, may be revised by such District Magis-

trate or, as the case may be, by the Chief Judicial Magistrate."

81. In section 524,—

(i) in sub-section (1), for the words "a Magistrate of the first

class", the words "Executive Magistrate of the first class" shall

be substituted; and

(ii) in sub-section (2), for the words "to the Court to which

appeals against sentences of the Court passing such order would

lie", the words "to the Sessions Judge" shall be substituted.

82. Xn section 528,—

(i) in sub-section (2),—

(a) for the words "Any Chief Presidency

Magistrate,

District Magistrate or Sub-divisional Magistrate", the words

936

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

"The Chief Judicial Magistrate" shall be substituted; and

(b) for the marginal heading, the following shall be

substituted, namely: —

"Chief Judicial Magistrate may withdraw or refer

cases.";

Power to

authorise

ChieE

Judicial

Magis-

trate to

with-

draw

classes

of cases.

(ii) after sub-section (2), the following sub-sections, shall be

Inserted, namely: —

"(2A) The State Government, in consultation with the

High Court, may authorise the Chief Judicial Magistrate t°

withdraw from any Magistrate subordinate to him either such

classes of cases as he thinks proper, or particular classes of

cases.

District

Magis-

trate may

withdraw

or refer

cases.

(2B) Any District Magistrate may withdraw any case

from, or recall any case¹ which he has made over to, any

Magistrate subordinate to him, and may inquire into such

case himself, or refer it lor inquiry to any other such Magis-

trate competent to inquire into the same.".

83. In sub-section (2) of section 559, for the words "the Chief

Presidency Magistrate in a Presidency-town, and the District Magis-

trate outside such towns", the words "the Chief Judicial Magistrate

in the case of Judicial Magistrates and the District Magistrate in the

case of Executive Magistrates'* shall be substituted.

2 0

P^.In section 561, for the words "a Chief Presidency Magistrate

or District Magistrate", wherever they occur, the words "a Chief

Judicial Magistrate" shall be substituted.

85. In the proviso to sub-section (i) of section 562,—-

(i) for the words "Magistrate of the third class, or a Magis-

trate of the second class not specially empowered by the State

Government", the words "Judicial Magistrate of the second class

not specially empowered by the State Government in consultation

with the High Court" shall be substituted; and

(ii) for the words "Magistrate of the first class or Sub-divi-

sional Magistrate", the words "Judicial Magistrate of the first

shall be substituted.

86. In section 565,—

(i) in sub-section (J), for the words "Presidency Magistrate,

District Magistrate, Sub-divisional Magistrate or Magistrate", the

SEC. 2]

THE GAZETTE Ot INDIA EXTRAORDINARY

$37

words "Chief Judicial Magistrate or any other Judicial Magis-

trate" shall be substituted;

(ii) in sub-section (3), after the words "State Government",

the words "in consultation with the High Court" shall be inser-

ted; and

(Hi) in sub-section (5), for the word "Magistrate", the words

"Judicial Magistrate" shall be substituted.

87. In Schedule II, in column 8,—

(i) for the word "Magistrate", wherever it occurs except in

the expression "Presidency Magistrate", the

words

"Judicial

Magistrate", and for the words "Any Magistrate", wherever they

occur, the words "Any Judicial Magistrate" shall be substituted;

(ii) for the entry against section 124A, the following entry

shall be substituted, namely: —

"Court of Session, Chief Judicial Magistrate or any other

Judicial Magistrate of the first class specially empowered by

the State Government, in consultation with the High Court

in that behalf."; and

2 0

(in) in the entry relating to section 376, for the words "Chief

Presidency Magistrate or District Magistrate", the

words "or

Chief Judicial Magistrate" shall be substituted.

88. For Schedules III and IV, the following Schedules shall be

substituted, namely: —

"SCHEDULE III

(See section 36)

ORDINARY POWERS OF STATE MAGISTRATES

I.^Ordinary

powers of a Judicial Magistrate ojF the second class

(1) Power to arrest or direct the arrest of, and to commit to

custody, a person committing an offence in his presence, section

64.

(2) Power to arrest, or direct the arrest in his presence of,

an offender, section 65.

(3) Power to endorse a warrant,

or to order the removal

of an accused person arrested under warrant, sections 83, 84 and

86.

(4) Power to issue proclamations in cases judicially before

him, section 87.

667 G of I Ext.—4.

§3&

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

(5) Power to attach and sell property and to

dispose of

claims or objections to attached property, section 88.

(6) Power to restore attached property, section 89.

(7) Power to require search to be made for letters and tele-

grams, section 95.

(8) Power to issue search warrant, section 96-

(9) Power to endorse a search warrant and order delivery

of thing found, section 99.

(10) Power to order the police to investigate an offence In

cases in which the Magistrate has jurisdiction to try or commit

for trial, section 155.

(11) Power to authorise detention, not being detention in

the custody of the police, of a person during a police investiga-

tion, section 167.

(12) Power to postpone issue of process and to inquire into

a case or direct investigation, section 202.

(13) Power to detain an offender found in Court, section

351

(14) Power to take evidence on commission, section 503.

(15) Power to recover forfeited bond for appearance before

Magistrate's Court, section 514, and to require fresh security,

section 514A.

(16) Power to make order as to custody and disposal of

property pending inquiry or trial, section 516A.

(17) Power to make order as to disposal of property, section

517j

(18) Power to sell property of a suspected character, section

625.

(19) Power to require affidavit in support of

application,

section 539A.

(20) Power to make local inspection, section 539B.

n.—Ordinary powers of a Judicial Magistrate of the -first class

(1) The ordinary powers of a Judicial Magistrate of the

second classy

(2) Power to direct warrant to land-holders, section 78.

(3) Power to issue search warrant otherwise than in due

course of an inquiry, section 98.

SEC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

939

(4) Power to issue search warrant for discovery of persons

wrongfully confined, section 100.

(5) Power to require execution of a bond, section 106.

(6) Power to discharge sureties, section 126A.

(7) Power to record statements and confessions during a

police investigation, section 164.

(8) Power

to authorise

detention of a person

the

custody of the police during a police investigation, section 167.

(9) Power to commit for trial, section 206.

(10) Power to stop proceedings when

complainant,

section 249.

(11) Power to tender pardon to accomplice during inquiry

into case by himself, section 337.

(12) Power to make orders of maintenance, sections 488 and

489.

2 0

(13) Power to recall case made over by him to

another

Magistrate, section 528

(14) Power to make order as to first offenders, section 562.

(15) Power to order released convicts to notify residence,

section 565-

III.—Ordinary powers of a Chief Judicial Magistrate

(1) The ordinary powers of a Judicial

Magistrate of the

first class.

(2) Power to try juvenile offenders, section 29B.

(3) Power to require delivery of letters, telegrams,

etc.,

section 95.

(4) Power to issue search warrants for documents in cus-

tody of postal or telegraph authorities, section 96.

(5) Power to release persons imprisoned for failure to give

security under section 106, section 124.

(6) Power to cancel any bond for keeping the peace under

section 106, section 125.

(7) Power to order police investigation into a cognizabl e

case, section 156.

(8) Power to issue process for a person within local juris-

diction who has committed an offence outside the local juris-

diction, section 186.

(9) Power to entertain complaints, section 190.

940

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

(10) Power to receive police reports, section 190.

(11) Power to entertain cases without complaint ? section 190.

(12) Power to transfer cases to a Subordinate Magistrate,

section 192.

(13) Power to order preliminary investigation by a police

officer not below the rank of an Inspector in certain cases,

section 196B.

(14) Power to try summarily, section 260.

(15) Power to tender pardon to accomplice at any stage of

a case, section 337.

(16) Power to pass sentence on proceedings recorded by a

Subordinate Magistrate, section 349.

(17) Power to call for records, section 435.

(18) Power to order inquiry, section 436.

(19) Power to order commitment, section 437.

(20) Power to report

case to High Court, section 438.

(21) Power to withdraw cases and to try or refer them for

trial, section 528.

IV.—Ordinary powers of an Executive Magistrate of the second class

(1) Power to arrest or direct the arrest of, and to commit fc>

custody, a person committing, an offence in his presence, section

64.

(2) Power to arrest, or direct the arrest in his presence of,

an offender, section 65.

(3) Power to endorse a warrant, or to order the removal of

an accused person arrested under a warrant, sections 83, 84 and

86.

(4) Power to issue proclamations, section 87.

(5) Power to attach and sell property, section 88.

(6) Power to restore attached property, section 89.

(7) Power to require search to be made for letters and tele-

grams, section 95.

(8) Power to issue search warrants, section 96.

(9) Power to endorse a search warrant and order delivery

of thing found, section 99.

(10) Power to command unlawful assembly to

disperse,

section 127.

(11) Power to use civil force to disperse unlawful assem-

bly,

section 128.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

941

(12) Power to require military force to be used to disperse

unlawful assembly, section 130,

(13) Power to authorise detention not being detention in the

custody of the police, of a person during a police Investigationh

section 167.

(14) Power to take evidence on commission, section 503.

(15) Power to recover forfeited bond for appearance before

Magistrate's Court, section 514, and to require fresh security,

section 514A.|

(16) Power to make order aa to disposal of property, section

517.

(17) Power to sell property of a

suspected

character,

section 525.

V.—Ordinary powers of an Executive Magistrate of the first class

(1) The ordinary powers of an Executive Magistrate of the

second class.

(2) Power to issue search warrant otherwise than in course

of an inquiry, section 98.

(3) Power to issue search warrant for discovery of persons

wrongfully confined, section 100.

2 0

(4) Power to require security to keep the peace, section 107.

(5) Power to require security for good behaviour, section

109. 1

(6) Power to discharge sureties, section 126A.

(7) Power to make orders as to local nuisances, section 133.

(8) Power to make orders, etc., In possession cases, sections

145, 146 and 147.

(9) Power to authorise detention of a person in the custody

of the police during a police investigation, section 167.

(10) Power to hold inquests, section 174.

VI.—Ordinary powers of a Sub-divisional

Magistrate

(1) The ordinary powers of an Executive Magistrate of the

first class.

(2) Power to direct warrants to land-holders, section 78.

(3) Power to require security for good behaviour, section

110.

(4) Power to make orders prohibiting repetitions of nui-

sances, section 143-

943

TH£ GAZETTE OF INDIA EXTRAORDINARY

[PART II

(5) Power to make orders under section 144.

(6) Power to depute Subordinate Executive Magistrate to

make local inquiry, section 148.

(7) Power to issue process for person within local juris-

diction who has committed an offence outside the local juris-

diction, section 186.

(8) Power to sell property alleged or suspected to have been

stolen, etc., section 524.

VII.—Ordinary powers of a District Magistrate

(1) The ordinary powers of a Sub-divisional Magistrate.

(2) Power to require delivery of letters, telegrams, etc.,

section 95.

(3) Power to issue search warrants for documents in cus-

tody of postal or telegraph authorities, section 96.

(4) Power to require security for good behaviour, section

108.

(5) Power to discharge persons bound to keep the peace or

to be of good behaviour under section 118, section 124.

(6) Power to cancel bond for keeping the peace or to be

of good behaviour under section 118, section 125.

2 0

(7) Power to order preliminary investigation by police offi-

cer not below the rank of Inspector in certain cases, section

196 B.

(8) Power to tender pardon to accomplice at the stage of

investigation, section 337.

(9) Power to call for and examine records, section 435 (2)

(10) Power to direct Executive Magistrate to make further

inquiry into proceedings, etc., section 436(2).

(11) Power to report case to High Court, section 438 (3)

(12) Power to appoint person to be Public Prosecutor in

particular case, section 492 .

(13) Power to compel restoration of

abducted

female,

section 552.

3°

SEC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

$43

SCHEDULE IV

(See sections 37 and 38)

ADDITIONAL POWERS WITH WHICH STATE MAGISTRATES_MAY BE INVESTED

PAE.T I

A.—BY THE STATE GOVERNMENT IN CONSULTATION WITH THE

HIGH

COURT

Powers with which a Judicial Magistrate of the first class may be

invested

(1) Power to try juvenile offenders, section 29B.

(2) Power to issue process for person within local juris-

diction who has committed an offence outside the local juris-

diction, section 186.

(3) Power to take cognizance of offences upon complaint,

section 190.

(4) Power to take cognizance of offences

upon police re-

ports, section 190.

(5) Power to take cognizance of offences

without com-

plaint, section 190.

16) Power to try. sutnmarily, section 260.

2 0

(7) Power to try cases under section 124A of the

Indian

Penal Code.

Powers with which a Judicial Magistrate of the second class may be

invested

(1) Power to try juvenile offenders, section 29B.

(2) Power to record statements and confessions during a

police investigation, section 164.

(3) Power to authorise detention of a person in the custody

of the police during a police investigation, section 167.

(4) Power to take cognizance of offences

upon complaint,

section 190.

(5) Power to take cognizance of offences upon police

re-

ports, section 190.

(6) Power to take cognizance of offences without complaint,

section 190.

(7) Power to commit for trial, section 206.

(8) Power to make orders as to first offenders, section 562.

044

THE GAZETTE QF itfDtA &XTHAOHI31NABY

[PART It

B.—BY THE CHIEF JUDICIAL MAGISTRATE

Powers with which any Judicial Magistrate of the first class may be

invested.

(1) Power to take cognizance of offences upon

complaint,

section 190.

(2) Power to take cognizance of offences upon police re-

ports, section 190.

(3) Power to transfer cases, section 192.

Powers with which any Judicial Magistrate of the second class may

be invested

(1) Power to take cognizance of offences upon complaint,

section 190.

(2) Power to take cognizance of offences upon police reports,

section 190.

PART II

A.—BY STATE GOVERNMENT

Powers with which a Sub^iwisional

Magistrate may be invested

Power to call for records of inferior courts and to forward them

to the District Magistrate, sub-sections {2) and (5) of section 435.

Powers with which an Executive Magistrate of the first class may he

invested

(1) Power to require security for good behaviour in case

of sedition, section 108.

(2) Power to require security for good behaviour, section

110.

(3) Power to make orders prohibiting repetitions of nui-

sances, section 143.

(4) Power to make orders under section 144.

(5) Power to issue process for person within local jurisdic-

tion, who has committed an offence outside the local jurisdic-

tion, section 186.

(6) Power to sell property alleged or suspect'ed to

have

been stolen, etc, section 524.

2 0

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

945

Powers with which an Executive Magistrate of the second CIOBB

may be invested

(1) Power to make orders prohibiting repetitions of nui-

sances, section 143.

(2) Power to make orders under section 144.

(3) Power to record statements and confessions during a

police investigation, section 164,

(4) Power to authorise detention of a person in the custody

of the police during a police investigation, section 167.

(5) Power to hold inquests, section 174.

B.—BY THE DISTRICT MAGISTRATE

Powers with which any Executive Magistrate of the first elan-may

be invested

(1) Power to make orders prohibiting repetition of nui-

sance?, section 143.

(2) Power to make orders under section 144.

Powers with which any Executive Magistrate of ih$ second cta*»

may be invested

(1) Power to make orders prohibiting repetition?.of nui-

sances, section 143.

(2) Power to make orders under section 144.

(3) Power to hold inquests, section 174."

567 G of I—5

946

THE GAZETTE. O*¹ INDIA EXTRAORDINARY

FPART II

STATEMENT OF OBJECTS AND REASONS

The Bill seeks to separate the judiciary from the executive in

the matter of administration of criminal law in the Union territories

of Delhi and Himachal Pradesh and has been brought forward in

compliance with the directive principles of State policy embodied

in article 50 of the Constitution. The object is sought to be achiev-

ed by amendment of the Code of Criminal Procedure, 1898 (vide

clause 3 and the Schedule) by providing for the classification of the

magistracy into Judicial Magistrates and Executive Magistrates and

for the appointment of members of the Judicial Service as Judicial

Magistrates with the approval of the High Court. The Bill seeks

to make changes in the various provisions of the Code with a view

to giving effect to this classification and contains the necessary

transitional and saving provisions. The Bill also sets out the res-

pective cases other than those specifically covered by the proposed

amendments to the Code, in which functions shall be exercisable

under any law by Judicial and Executive Magistrates. Power has

also been taken for the removal of difficulties, if any, in giving

effect to the provisions of the Bill after it becomes an Act,

NEW DELHI;

G. L. NANDA.

The 19th July, 1966.

PRESIDENT'S RECOMMENDATION

UNDER

ARTICLE 117 OF

THE CONSTITUTION OF INDIA

[Copy of letter No. F. 13/1/65-UTL, dated the 27th July, 1966 from

Shri Jai Sukh Lai Hathi, Minister of State in the Ministry of Home Affairs

Co the Secretary, Lok Sabha].

The President having been informed of the subject matter of the

Bill to provide for the separation of Judicial and Executive functions

in the Union territories of Delhi and Hamachal Pradesh, recommends,

under clause (3) of article 117 of the Constitution, the consideration of

the said Bill in the Lok Sabha.

SEC. li J

THE GAZETTE OF INDIA EXTRAORDINARY

947

FINANCIAL MEMORANDUM

Section 12 of the Code of Criminal Procedure, 1898, as proposed

to be modified by paragraph 5 of the Schedule to the Bill, read with

clause 3 thereof, seeks to provide for appointment

of Executive

Magistrates and for confernment of powers of any class of a Judi-

cial Magistrate on members of the judicial service of the Union ter-

ritory of Delhi or Himachal Pradesh. The raid paragraph of the

Schedule also provides that during the first three years persons who

are members of a civil service in the Union territory of Delhi or

Himachal Pradesh or any State and are or have been exercising the

powers of a Magistrate in such territory or State may be appointed

as Judicial Magistrates.

Section 14 of the Code, as proposed to be modified by paragraph

7 of that Schedule, makes provision for appointment of Special Judi-

cial Magistrates and Special Executive Magistrates.

The scheme of the Bill, in effect, involves the classification, at

the initial stage, of the existing Magistrates in the two Union terri-

tories into Executive and Judicial Magistrates and no

additional

expenditure would be involved on this account. It is intended that

the future strength of the judicial service In the two Union terri-

tories will be determined before the expiry of the transitional period

of three years and this will be done after assessing the actual re-

quirements in the light of the working of the scheme of separation

for some time. Ag a result of this determination, some additional

expenditure may be involved. Such expenditure may ultimately

be of the order of Rs. 2 lakhs (non-recurring) and Rs. 12 lakhs per

annum recurring) in the case of Delhi and Rs. ] •. 50 lakhs (non-

recurring) and Rs. 11 lakhs per annum recurring) in the case of

Himachal Pradesh. The expenditure in the case of Delhi will be

met from the Consolidated Fund of India and that in the case of

Himachal Pradesh from the Consolidated Fund of that Union terri-

tory. The Punjab Separation of Judicial and Executive Functions

Act, 1964, is already in force in the whole of the State of Punjab

except in the scheduled areas of Lahaul end Spiti and the transfer

of certain areas of the existing Punjab to the Union territory of

Himachal Pradesh as a result of the contemplated reorganisation of

that State would, not involve any additional expenditure.

S. L. SHAKDHER,

Secretary.

PRINTED IN INPIA BY THE GENERAL MANAGER,

GOVERNMENT OF INDIA

PRISS,

MTNTO ROAD, MEW DELHI AND PUBLISHED BY Tlffi MANAGER OF PUBLICATIONS,

DELHI, ]96fi.