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Saturday, 28 November 2020

Executive Magistrate of Bangladesh

 




 


The main organ of the executive branch of Bangladesh is the executive magistrate. The administrative cadre of Bangladesh Civil Service became the executive magistrate. At work they enjoy extensive executive and limited judicial powers. They have been given various powers by various sections of the Code of Criminal Procedure 1898, Penal Code 180, Police Regulation 1943 and other further provisions of the Prevention of Crime Act. The Executive Magistrates of Bangladesh have the power to set up mobile courts or mobile courts (Section 5 of the Mobile Courts Act 2009) to ensure law enforcement, directive, and social justice in various social problems (such as adulteration of food, eve-teasing, drug smuggling, eviction of government property).


Executive Magistrate of different types 

According to the Code of Criminal Procedure (CrPC) 1897, members of the Bangladesh Civil Service (Administration), equivalent to Assistant Commissioner (AC), Upazila Executive Officer (UNO) and Additional Deputy Commissioner (ADC), may be Executive Magistrates and their respective Manage the powers of the executive magistrate in the local area. Also, according to section 10 (5) of the CrPC (1895), the Government of Bangladesh may, if it deems it necessary, appoint any person as an Executive Magistrate in the Bangladesh Civil Service (Administration) and delegate to him all the powers of an Executive Magistrate. Each administrative district will have the following executive magistrates:


(A) District Magistrate

The government will appoint an appropriate number of executive magistrates in each district and in each metropolitan area as required and appoint one of them as a district magistrate.

(B) Additional District Magistrate

The Government may appoint any Executive Magistrate as Additional District Magistrate and the Additional District Magistrate shall have full or partial powers as per this Code or any other law or as directed by the Government.

(C) Additional Deputy Commissioner

All the additional deputy commissioners of the district are executive magistrates.

(D) Upazila Executive Officer

Upazila executive officer.

(E) Assistant Commissioner

Senior Assistant Commissioner and Assistant Commissioner.


In the powers conferred by the Criminal Penal Code


Executive Magistrate general powers  

General Powers of the Executive Magistrate as per Chapter III of the Code of Criminal Procedure (1898):


1. The power to arrest or order the arrest of a criminal if he commits a crime before a magistrate. (Article 64)

II. Ability to arrest him in the presence of anyone or issue an arrest warrant. (Article 65)

3. Approve or revoke the arrest warrant of the accused. (Articles 63, 64,

6 ) 4. Ability to search and seize documents of the Postal and Telegraph Department. (Article 95)

5. Ability to issue a search warrant to verify the illicit assets of a person. (Section 100)

6. Power of direct search, power to issue search warrant anywhere in his presence. (Section 105)

6. Power to demand security forces to maintain peace. (Article 106)

7. The power of the security forces to ensure the good behavior of vagrants and suspects. (Article 109)

9. Security forces claim to power on a regular basis to ensure that criminals do good. (Article 110)

10. The ability to dismiss bail. (Article 126)

11. Ability to break illegal assembly. (Section 128)

12. Ability to use civic power to break. (Article 128)

13. Ability to demand military force to break up illegal assembly. (Article 130)

14. Power to direct local problems. (Article 133)

15. Ability to issue immediate stay on matters of public interest. (Section 142)



General powers of District Magistrate 

1. The power of an executive magistrate to determine the boundaries or areas of power. (Article 10.4)

II. Ability to distribute letters, telegrams etc. (Section 95.1)

3. Power to issue warrants for search of offices of postal and telegraph authorities in search of documents. (Section 96)

4. The ability of the security forces to control anti-state propagandists. (Section 106)

5. The power to release a person to ensure good conduct or to maintain peace. (Section 124)

6. Ability to cancel any agreement in the interest of maintaining peace. (Article 125)

6. The ability to repeat the ban on the activities of common pests. (Article 143)

8. Ability to order in case of emergency or in case of fatal danger (Section 144)

9. Power to order against occupation. (Section 147)

10. Ability to send subordinate executive magistrates to conduct local inquiries. (Section 146)

11. Ability to control search functions. (Article 174)

1. Ability to order preliminary investigation by sub-inspector or higher police officer in special cases. (Section 198)

13. Ability to appoint public prosecutors. (Section 192.2)

14. Ability to form commissions for witness examination. (Sections 503-508)

15. Power to amend the order described in section 514. (Section 515)

16. Ability to control certain property transfers. (Section 517)

16. Ability to withdraw and reconsider cases. (Section 526.2)

16. Ability to ensure the rehabilitation of oppressed women. (Section 552)


Penal Code provided the powers 

  1. Punishment for joining an illegal assembly. (Article 143)

  2. Punishment for joining an illegal assembly in an armed condition. (Article 144)

  3. Punishment for joining or continuing a rally even after banning illegal gatherings. (Article 145)

  4. Punishment for inciting riots. (Article 147)

  5. Punishment for rioting with deadly weapons. (Article 147)

  6. Punishment for obstruction of government employees engaged in riot suppression. (Section 152)

  7. Riot or not; Punishment for inciting riots (Article 153).

  8. Punishment for disturbing the peace or fighting. (Section 160)

  9. Punishment for taking bribe. (Article 161-e)

  10. Punishment for exerting undue influence or disguise in elections. (Section 161-F)

  11. Punishment for spreading false propaganda on election related matters. (Section 161-G)

  12. Punishment for illegal financial transactions in election work. (Section 161-H)

  13. Punishment for failure to maintain electoral account. (Section 161-I)

  14. Punishment for obstruction of acquisition of property by a legitimate authority. (Section 163)

  15. Punishment for obstruction of sale of property by a government employee. (Section 164)

  16. Punishment for illegal purchase or auction of goods sold by government employees. (Section 165)

  17. Punishment for obstructing government employees in government work. (Article 16)

  18. Punishment for not cooperating with a government employee despite the instructions of the law. (Article 16)

  19. Punishment for disobeying orders declared by a government official. (Article 16)

  20. Punishment for threatening to inflict bodily harm on a government employee. (Article 189)

  21. Punishment for obstructing the perception of another person. (Article 225)

  22. Punishment for using faulty nikti for cheating in mass measurement. (Article 264)

  23. Punishment for using defective weights. (Section 265)

  24. Punishment for keeping faulty nikti or weights. (Article 26)

  25. Punishment for construction or sale of defective Nikti / Batkhara. (Article 27)

  26. Punishment for disobeying the law made to prevent the spread of life threatening diseases. (Article 279)

  27. Punishment for evil deeds that may lead to the spread of life-threatening diseases. (Article 260)

  28. Punishment for violating segregation policy to prevent infection. (Article 261)

  29. Punishment for adulteration of salable food and drink. (Article 262)

  30. Punishment for selling unhealthy / harmful food or drink. (Article 273)

  31. Punishment for adulteration of medicine. (Article 264)

  32. Punishment for sale of adulterated drugs.

  33. Punishment for selling another drug in the name of one drug or selling drugs made in different ways. (Article 28)

  34. (If not mentioned elsewhere) Punishment for disturbing the production of the people. (Article 290)

  35. Punishment for continuing any activity despite the order to stop it. (Article 291)

  36. Punishment for selling obscene books. (Section 292)

  37. Punishment for selling obscene goods to the youth. (Article 293)

  38. Punishment for obscene activities and playing obscene songs. (Article 294)

  39. Punishment for vandalizing or desecrating a place of worship to injure the religion of a community. (Article 295)

  40. Punishment for destroying communal harmony (Article 297).

  41. Punishment for unauthorized entry into the graveyard. (Article 296)

  42. Punishment for speaking provocatively to hurt religious feelings. (Article 297)

  43. Punishment for committing a crime in a cemetery. (Article 352)

  44. Punishment for forcibly obstructing a government employee from performing his duties. (Article 353)

  45. Punishment by force for disgrace to women. (Article 354)

  46. Punishment for forcibly assaulting a person. (Article 355)

  47. Punishment for attempting to steal someone's property by force. (Article 356)

  48. Punishment for forcibly capturing someone. (Article 357)

  49. Punishment for committing a dishonest crime. (Article 357)

  50. Punishment for using offensive words, gestures or actions for the purpose of defaming a woman. (Article 509)



The powers conferred under court 

Mobile Court Act 2009, a procedural law. Under this Act, the Executive Magistrate has jurisdiction over almost all laws, ordinances and orders. Under this Act, the Executive Magistrate can impose imprisonment for up to two years and fine as per the relevant law.  \


Given the ability of police regulations 

Every member of the police force is required to strictly abide by the police regulations. However, courts and tribunals, especially district magistrates and executive magistrates, have to abide by many rules of the Police Regulation 1943. Police Regulation 1943 has been published in three volumes. The first volume contains 1290 rules, the second volume contains appendices and forms, and the third volume contains alphabetical schedules and appendices. It is the duty of every magistrate to read every rule and appendix of this regulation which is of special importance to the executive magistrate.


The police and the district magistrate relationship 

Regulation 13: The position of the Commissioner


(A) As the head of local administration, the commissioner shall monitor and control the functions of the district magistrate in respect of the police. (B) The Superintendent shall immediately comply with the instructions received directly from the Commissioner or sent by the District Magistrate, in case of abnormality he shall report to the Inspector General through the Deputy Inspector General.


Regulation 14: Relationship between Range Deputy Inspector General, Commissioner and District Magistrate [8.12, Act v, 1861]


(A) The Deputy Inspector General of the area shall have constant liaison with the Commissioner and the District Magistrate for maintaining law and order and suppressing crime and shall play a role in establishing a cooperative relationship between the police and the magistrate. (B) He shall communicate with the Commissioner through semi-formal or informal correspondence, keep in touch with the District Magistrate through the Superintendent, discuss with them in person at fixed intervals- for example meeting at their headquarters.


Regulation 15: Relationship between Superintendent and District Magistrate


(A) The Superintendent is the head of the district police force and is responsible for maintaining efficiency and discipline in the internal economy and management. He is also responsible for controlling the functions of the district magistrate, suppressing crime in the district, ensuring proper preventive and executive efficiency of the subordinate officers.


(B) The District Magistrate has no power over the internal structure and administration of the police department, but it is his duty to inform the Superintendent if any misconduct of a police officer interferes with the general administration of the district.


(C) The District Magistrate may summon the documents relating to the character of any police officer of that district and send them to the Deputy Inspector General of the area for notification to the Inspector General and the Commissioner. He can investigate any misconduct of a police officer. The Superintendent will provide all relevant documents to the District Magistrate in important cases and if there is a risk of deteriorating police-public relations.


(D) All orders of the District Magistrate in respect of police within the jurisdiction shall be forwarded to the Superintendent, in his absence to the Officer-in-Charge. The superintendent as the head of the local police administration will be bound to obey the orders of the district magistrate unless it interferes with internal economic affairs, the discipline of the forces and the entire departmental affairs.


(E) If there is a difference of opinion between the Superintendent and the District Magistrate on any matter, it shall be the responsibility of the Superintendent to follow the directions of the District Magistrate. In such cases the Magistrate shall inform the Commissioner and the Superintendent shall inform the Deputy Inspector General. The Commissioner and the Deputy Inspector General will try to resolve the matter through mutual discussion. If the two cannot agree, the Inspector General will refer the matter to the provincial government for consideration.


(F) In exercising his powers, the District Magistrate shall not do any work which would harm the duties and powers of the Superintendent. For this reason the magistrate should refrain from issuing any executive order without the advice of the superintendent.


(G) The Superintendent may issue any notification or general instruction relating to law and procedure other than the entire departmental matter, unless the matter is approved by the District Magistrate.


Regulation 17: Personal contact of Superintendent, District Magistrate


(A) The Superintendent shall maintain as much contact as possible with the District Magistrate, and discuss all important matters. It is his duty to assist the district magistrate in suppressing crime in the district, and to agree with him as much as possible. If they do not agree on any matter, the District Magistrate shall give a written order to the Superintendent and the Superintendent shall comply with it; However, the district magistrate will not create any conflict over it. The Superintendent shall, if necessary, inform the Deputy Inspector General and take action in accordance with Regulation 15 (f).


(B) The Superintendent shall inform the District Magistrate of all information relating to disturbances in the district. If he is absent, the officer-in-charge of Headquarters shall send all necessary information directly to the District Magistrate, which cannot be forwarded quickly by the Superintendent.


(C) When leaving the station, the Superintendent shall inform the District Magistrate as soon as possible when and where he will be staying, and the Superintendent may have to be at the Headquarters if the Magistrate has a reasonable cause.


Regulation 18: Means of communication between the Superintendent and the District Magistrate


Communication between the Superintendent and the District Magistrate may be by informal letter or note. If possible, original documents should be sent for work, no formal letter is required. Regulation 16: Sending the order of the magistrate to the superintendent


All other orders in the office of the District Magistrate, except for judicial orders, are usually sent through the Superintendent. These orders may include orders regarding visits of district magistrates and other officials and police supplies. The orders of the Subdivisional Magistrate will be forwarded to the Subdivisional Police Officer, in his absence to the Circle Inspector.

Regulation 19: Investigation of District Magistrate


The District Magistrate will continuously monitor the prevention and suppression of crime, for which he is responsible. An important part of this responsibility is to regularly inspect the police stations in the district. It is not necessary to look at all the work of the department thoroughly, but the following points should be looked at in particular.


1. General diary and the way it is written.


2. Preservation of important statistics


3. Appropriate enforcement of arms laws


4. Methods of collecting crop statistics


5. Efficiency of village police


6. General picture of crime in police station and the reason for its decrease


. Whether the sub-inspector has proper knowledge about his / her responsibilities, whether he / she has contact with the concerned locals, whether he / she knows about the area and whether he / she is working with interest.


. Whether the police station officers came to work properly and were aware of their responsibilities.


9. Whether the police station is inspected regularly and properly.



Regulation 20: Transfer of District Magistrate and Police Officer


(A) If the District Magistrate finds incompetence and incompetence in the character of a police officer or inspector below or sees incompetence in the discharge of duty, he may inform the Superintendent and request for transfer or appointment elsewhere. He must remember that the transfer is not only detrimental to the work of the police but that the officer who will be transferred may do similar or worse work elsewhere. Punishment can be given for unsatisfactory work but it is not right to order a transfer unless the overall crime situation in the district improves.


(B) If the Magistrate notices incompetence and incompetence in the character of a superior officer of the Inspector, he shall contact the Inspector General, who shall carefully consider the statement of the District Magistrate and determine the course of action and inform the Magistrate of the action taken in this regard.


Regulation 29: Magisterial Investigation of Allegations against Police Officers Regulation 30: Police's Respectful Treatment of Courts and Magistrates [6.12, Act v, 1861]


Police officers will show respect to all courts and magistrates. It is not right to publicly condemn them, to make derogatory criticisms of their work in departmental investigations or in other published and unpublished reports; However, if the Superintendent feels that justice has not been established or that any police officer has been wronged, he may bring the matter to the notice of the District Magistrate through an official letter submitted by the court officer under Section 435 of the Code of Criminal Procedure or an informal letter or report in moderate Can.


30 a. The letter or report of the Superintendent mentioned in Regulation 30 shall be considered by the District Magistrate and necessary action shall be taken accordingly, however no informal letter or report in this regard should be sent to the concerned Magistrate. Employment of armed parties. [§.12, Act v, 1861]


The relationship between the police and the executive magistrate


Regulation 145: Recruitment of Armed Forces [6.12, Act v, 1861]

Regulation 147: Recruitment of Special Armed Forces [6.12, Act v, 1861]

Regulation 147: Recruitment of armed police for other purposes, to work well with unarmed police [6.12, Act v, 1861]

Regulation 147: Demand for cooperation of Bangladesh Rifles

Regulation 149: Power of Bangladesh Rifles to control illegal assembly

Regulation 150: Use of Ammunition and Personal Guns by the Armed Forces [6.12, Act v, 1861]

Regulation 151: Responsibility of a magistrate with the armed forces

Regulation 152: Control of armed groups by police officers [8.12, Act v, 1861]

Regulation 153: Use of firearms [6.12, Act v, 1861]

Regulation 154: General Rules for the Use of Firearms [6.12, Act v, 1861]

Regulation 155: Fire and Fire Control Rules [8.12, Act v, 1861]

Regulation 157: What to do after the use of firearms by the police [6.12, Act v, 1861]

Regulation 157: Executive investigation of police firearms

Regulation 157: Demand for military assistance


The powers conferred on the Special Powers Act, 1974 

 Power to detain or remove a person by a District Magistrate (Section 3) (2) If any District Magistrate or Additional District Magistrate under Section 2 (iii), (iv), (v), (vi), (vii) or (viii) Accordingly, if a person feels the need to refrain from any offensive work, he can be ordered to be detained.


(3) If any instruction is given under sub-section (2), the District Magistrate or Additional District Magistrate shall inform the Government of his perspective, give appropriate explanation, in no case shall this instruction last more than 30 days unless it is already approved by the Government.


(4) If any person fails to take himself out of Bangladesh in accordance with the instructions given under section 1 (2), he may be removed without any hesitation by a police officer under sub-section (5) or an officer appointed by the government appointed on his behalf.


(5) Any person violating sub-section 1 (2) shall be punished with imprisonment for a term not exceeding three years or with fine or with both.


Power of District Magistrate to impose curfew (evening law) (Article 24)


(1) The District Magistrate 10 or the Commissioner of Police 11 may directly order in a metropolitan area that no person shall be allowed to leave the door within a specified period of time within a specified area unless he has written permission from a specific authority or person. Stays.


(2) If any person violates the instructions mentioned in this section, he shall be punished with imprisonment for a term not exceeding one year or with fine or with both.





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