Special Judicial Magistrate and Special Executive Magistrate

Special Judicial Magistrate and Special Executive Magistrate.

1. (1) The Government may, in consultation with the High Court, confer upon any person who holds or has held any Judicial post under the State or possesses such other qualifications as may, in consultation with the High Court, be specified in this behalf by the Government by notification in the Government Gazette, all or any of the powers conferred or conferable by or under this Code on a Judicial Magistrate in respect to particular cases or to a particular class or classes of cases, or in regard to cases generally in any local areas. Such Magistrates shall be called special Judicial Magistrates and shall be appointed for such term as the Government may, in consultation with the High Court, by general or special order direct.
2. (2) The Government may also appoint Executive Magistrate for particular areas or for the performance of particular functions and confer upon them such powers as it deems fit. Such Magistrates shall be called Special Executive Magistrates and shall be appointed for such term as the Government may, by general or special order, direct; Provided that no power shall be conferred under this sub-section on any police officer below the grade of Assistant Superintendent and no powers shall be conferred on a police officer except so far as may be necessary for preserving the peace, preventing rime and detecting, apprehending and detaining offenders in order to their being brought before a Magistrate, and for the performance by the officer of any other duties imposed upon him by any law for the time being in force]. , 16 Omitted. 16.

¹⁵ Omitted