Executive magistrate
Topic: Justice Delivery: Subordinate Courts, Tribunals, Legal Aid and Judicial Reforms · NCERT: Beyond NCERT
Meaning
An executive magistrate is a government officer, such as the District Magistrate (DM) or Sub-Divisional Magistrate (SDM), who keeps public order. They can issue prohibitory orders, which are orders banning certain acts (such as gatherings) for a short time. These orders are made under BNSS s.163, which was s.144 of the old CrPC. Executive magistrates do not try criminal cases. This follows Article 50, which asks the state to keep the judiciary separate from the executive. The CrPC 1973 put that separation into effect.
Example
If tension breaks out in a town, the DM may issue a s.163 BNSS order that stops crowds from gathering. Any person arrested during the trouble is still tried by a judicial magistrate, not by the DM.
Don't confuse with
- Judicial magistrate: a judge who tries criminal cases and passes sentences. An executive magistrate only keeps order and never holds trials.
Related concepts
- Subordinate courts
- District judge
- Sessions court
- Judicial magistrate
- High Court's control over subordinate courts
- High Court's power of superintendence