SCHEDULE III Ordinary powers of Magistrates

SCHEDULE III.

[See section 36]

ORDINARY POWERS OF MAGISTRATES

1. Ordinary powers of a Judicial Magistrate of the second class.

1. (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. (2) Power to arrest, or direct the arrest in his presence of, an offender, section 65.
3. (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. (4) Power to issue proclamations in cases judicially before him, section 87.
5. (5) Power to attach and sell property and to dispose of claims or objections to attached property, section 88.
6. (6) Power to restore attached property, section 89.
7. (7) Power to require search to be made for letters and telegrams, section 95.
8. (8) Power to issue search warrant, section 96.
9. (9) Power to endorse a search warrant, and order delivery of thing found, section 99.
10. (10) Power to order the police to investigate an offence in case in which the Magistrate has jurisdiction to try or commit for trial, section 155.
11. (11) Power to authorize detention, not being detention in the custody of the police, of a person during a police investigation, section 167.
12. (12) Power to postpone issue of process and to inquire into a case or direct investigation, section 202. (12-A) Power to commit for trial under section 205-C
13. (13) Power to detain an offender found in the Court, section 351.
14. (14) Power to take evidence on commission, section 503.
15. (15) Power to recover forfeited bond for appearance before Magistrate’s Court, section 514 and to require fresh security, section 514-A.
16. (16) Power to make order as to custody and disposal of property pending inquiry or trial section 516-A.
17. (17) Power to make order as to disposal of property, section 517.
18. (18) Power to sell property of a suspected character, section 525.
19. (19) Power to require affidavit in support of application, section 539-A.
20. (20) Power to make local inspection, section 539-B. II. Ordinary powers of Judicial Magistrate of the first class:-
21. (1) The ordinary powers of a Judicial Magistrate of the second class.
22. (2) Power to direct warrant to land-holders, section 78.
23. (3) Power to issue search warrant otherwise than in due course of an inquiry, section 98.
24. (4) Power to issue search warrant for discovery of persons wrongfully confined, section 100.
25. (5) Power to require execution of a bond, section 106.
26. (6) Power to discharge sureties, sections 126 and 126-A.
27. (7) Power to make orders etc. in possession cases, sections 145, 146, 147.
28. (8) Power to record statements and, confessions during a police investigation, section 164.
29. (9) Power to authorise detention of a person in the custody of the police during a police investigations, section 167.
30. (11) Power to stop proceedings when no complainant, section 249.
31. (12) Power to tender pardon to accomplice during inquiry into case by himself, section 337.
32. (13) Power to make orders of maintenance, sections 488 and 489.
33. (14) Power to recover penalty on forfeited bond, section 514.
34. (15) Power to require fresh security, section 514-A.
35. (16) Power to recall case made over by him to another Magistrate, section 528(4).
36. (17) Power to make order as to first offenders, section 562.
37. (18) Power to order released convicts to notify residence, section 565. III. Ordinary powers of Chief Judicial Magistrates:-
38. (1) The ordinary powers of a Judicial Magistrate of the first class.
39. (2) Powers to require delivery of letters, telegrams, etc., section 95.
40. (3) Powers to issue search warrants for documents in custody of postal or telegraph authorities, section 96.
41. (4) Power to release person imprisoned for failing to give security under section 106, section 124.
42. (5) Power to cancel any bond for keeping the peace under section 106, section 125.
43. (6) Power to order Police Investigation into a cognizable case, section 156.
44. (7) Power to issue process for a person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186.
45. (8) Power to entertain complaints, section 190.
46. (9) Power to receive police reports, section 190.
47. (10) Power to entertain cases without complaint, section 190.
48. (11) Power to transfer cases to a Subordinate Magistrate, section 192.
49. (12) Power to order preliminary investigation by a Police Officer not below the rank of an Inspector in certain cases, section 196-B.
50. (13) Power to try summarily section 260.
51. (14) Power to tender pardon to accomplice at any stage of a case section 337.
52. (15) Power to pass sentence on proceedings recorded by a subordinate Magistrate, section 349.
53. (16) Power to call for records, section 435.
54. (17) Power to order inquiry, section 436.
55. (18) Power to order commitment, section 437.
56. (19) Power to report a case to High Court, section 438.
57. (20) Power to withdraw cases and to try or refer them for trial, section 528.
58. (21) Power to compel restoration of abducted female, section 552. IV. Ordinary power of an Executive Magistrate of the second class:-
59. (1) Power to arrest or direct the arrest of and to commit to custody, a person committing an offence in his presence, section 65.
60. (2) Power to arrest, or direct the arrest in his presence of, an offender, section 65.
61. (3) Power to endorse a warrant, or to order the removal of an accused person arrested under a warrant, sections 83, 84 and 86.
62. (4) Power to issue proclamations, section 87.
63. (5) Power to attach and sell property, section 88.
64. (6) Power to restore attached property, section 89.
65. (7) Power to require search to be made for letters and telegrams, section 95.
66. (8) Power to issue search warrant, section 96.
67. (9) Power to endorse a search warrant and order delivery or thing found, section 99.
68. (10) Power to command unlawful assembly to disperse, section 127.
69. (11) Power to use civil force to disperse unlawful assembly, section 128.
70. (12) Power to require military force to be used to disperse unlawful assembly, section 130.
71. (13) Power to authorise detention not being detention in the custody of the police of a person during a police investigation, section 167.
72. (14) Power to take evidence on commission, section 503.
73. (15) Power to recover forfeited bond for appearance before Magistrate’s Court, section 514 and to require fresh security, section 514-A.
74. (16) Power to make order as to disposal of property, section 517.
75. (17) Power to sell property of a suspected character, section 525. V. Ordinary power of an Executive Magistrate of the first class:-
76. (1) The ordinary powers of an Executive Magistrate of the second class.
77. (2) Power to issue search warrant otherwise than in course of an inquiry, section 98.
78. (3) Power to issue search warrant for discovery of persons wrongfully confined, section 100.
79. (4) Power to require security to keep the peace, section 107.
80. (5) Power to require security for good behaviour, section 109.
81. (6) Power to discharge sureties, sections 126 and 126-A.
82. (7) Power to make orders as to local nuisances, section 133.
83. (8) Power to authorise detention of a person in the custody of the Police during a police investigation, section 167.
84. (9) Power to hold inquest, section 176.
85. (10) Power to recover penalty on forfeited bond, section 514.
86. (11) Power to require fresh security, section 514-A. VI. Ordinary powers of a Sub-Divisional Magistrate:-
87. (1) The Ordinary powers of an Executive Magistrate of the first class.
88. (2) Power to direct warrants to land-holders, section 78.
89. (3) Power to require security for good behaviour, section 110.
90. (4) Power to make orders prohibiting repetitions of nuisances, section 143.
91. (5) Power to make orders under section 144.
92. (6) Power to depute Subordinate Executive Magistrate to make local inquiry, section 148.
93. (7) Power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186.
94. (8) Power to sell property alleged or suspected to have been stolen etc., section 524. VII. Ordinary Powers of a District Magistrate:-
95. (1) The ordinary powers of a Sub-Divisional Magistrate.
96. (2) Power to require delivery of letters, telegrams, etc., section 95.
97. (3) Power to issue search warrants for documents in custody of postal or telegraph authorities, section 96.
98. (4) Power to require security for good behaviour, section 108.
99. (5) Power to discharge persons bound to keep the peace or to be of good behaviour, section 124.
100. (6) Power to order preliminary investigation by Police Officer not below the rank of Inspector in certain cases, section 196-B.
101. (7) Power to cancel bond for keeping peace, section 125.
102. (8) Power to tender pardon to accomplice at any stage of a case, section 337.
103. (9) Power to call for and examine records, section 435(2).
104. (10) Power to direct Executive Magistrate to make further inquiry into proceedings, etc, section 436(2).
105. (11) Power to report to High Court, section 438(3).
106. (12) Power to appoint person to be Public Prosecutor in particular case, section 492(2).
107. (13) Power to compel restoration of abducted female, section 552.