Executive Magistrate of Bangladesh

Executive Magistrate of Bangladesh Conducting Mobile Court
Executive Magistrate
Occupation
Names Government of Bangladesh
Occupation type
 Bangladesh Civil Service (Administration)
Activity sectors
 Law, Administration
Description
Competencies Analytical mind, critical thinking, impartiality, common sense
Education required
 Usually experienced as an Executive and Judicial Officer (varies by jurisdiction)
Fields of
employment
 Court, Executive and Managerial Duty
Related jobs
 Judge, Bangladesh Civil Service, Barrister, solicitor, prosecutor

Executive Magistrate (Bengali: নির্বাহী ম্যাজিস্ট্রেট) is the Magistrate of the executive organ of the People's Republic of Bangladesh. The members of the Bangladesh Civil Service (Administration) are the Executive Magistrates. They usually exercise vast executive and limited judicial power in their respective jurisdiction. They have been vested power under various sections of the Code of Criminal Procedure (CrPC),1898; Penal Code,1860; Police Regulation,1943 and many others Criminal Acts. Executive Magistrates of Bangladesh are empowered to conduct Mobile Court (Section-5; The Mobile Court Act, 2009) for controlling law and order situation and for ensuring social justice by curving various social problems like food adulteration, eve teasing, narcotics controlling and eviction against illegal occupation of government property.

Kinds of Executive Magistrate

According to the section-10(6)of the Code of Criminal Procedure (CrPC),1898; members of Bangladesh Civil Service(Administration), who are in the capacity of Assistant Commissioner (AC), Upozila Nirbahi Officer (UNO) and Additional Deputy Commissioners(ADC); shall be Executive Magistrate and may exercise the power of Executive Magistrate within their existing respective local areas.Beside this, according to the provision of the section-10(5) of CrPC,1898; The Government may, if it thinks expedient or necessary, appoint any persons employed in the Bangladesh Civil Service (Administration) to be an Executive Magistrate and confer the powers of an Executive Magistrate on any such member.

In every Administrative District, there are following Executive Magistrates:-

(a) District Magistrate (DM): In every district and in every Metropolitan Area, the Government shall appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

(b) Additional District Magistrate (ADM):The Government may also appoint any Executive Magistrate to be an Additional District Magistrate, and such Additional District Magistrate shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force, as the Government may direct.

(c) Additional Deputy Commissioner(ADC): All the ADC's in the district are Executive Magistrate.

(d) Upazila Nirbahi Officer (Sub-District/Upazilla Executive Officer)

(e) Assistant Commissioner; including Senior Assistant Commissioner and Assistant Commissioner (Land)

Vested Powers Under CrPC

Ordinary Powers of Executive Magistrate

According to the provisions of Schedule-iii of the Code of Criminal Procedure,1898; Ordinary Powers of Executive Magistrate are-

1. Power to arrest, or to direct the arrest of and to commit to custody, a person committing an offence in presence of the Magistrate.(Section-64)

2. Power to arrest, or to direct the arrest in his presence of a person for whose arrest he can issue warrant.(Section-65)

3. Power to endorse a warrant or to order the removal of an accused person arrested under a warrant section.(Section-83,84,86)

4. Power to cause search by postal and telegraph authority for documents etc. and to detain them.(Section-95)

5. Power to issue search warrant for discovery of persons wrongfully confined.(Section-100)

6. Power to direct search, in his presence of any place for the search of which he can issue search-warrant.(Section-105)

7. Power to require security to keep peace(Section-107).

8. Power to require Security for good behaviour from vagrants and suspected persons (Section-109)

9. Power to require Security for good behaviour from habitual offenders(Section-110)

10. Power to Discharge of sureties(Section-126)

11.Power to command unlawful Assembly to disperse(Section-127)

12.Power to Use of civil force to disperse(Section-128)

13.Power to require military force to be used to disperse unlawful Assembly(Section-130)

14.Power to make orders as to local nuisance(Section-133)

15.Power to issue injunction as immediate measure, in case of public nuisance(Section-142)

Ordinary Powers of District Magistrate

The ordinary powers of an Executive Magistrate are:

1. Power to define local areas within which an Executive Magistrate may exercise his power(Section-10.4)

2. Power to require delivery of letters, telegrams etc.(Section-95.1)

3. Power to issue search warrant for documents in custody of postal or telegraph authority. (Section-96)

4. Power to require Security for good behaviour from persons disseminating seditious matter(Section-108)

5. Power to discharge persons bound to keep peace or to be of good behaviour(Section-124)

6. Power to cancel any bond for keeping the peach or good behaviour(Section-125)

7. Power to prohibit repetition or continuance of public nuisance(Section-143)

8. Power to ORDERS IN URGENT CASES OF NUISANCE OR APPREHENDED DANGER.(Section-144)

9. Power to make orders etc. in possession cases(Section-147)

10. Power to depute any Executive Magistrate subordinate to him to make the local inquiry,(Section-148)

11. Power to hold inquests sections(Section-174)

12. Power to order preliminary investigation by a police-officer not being below the rank of Sub-Inspector in certain cases(Section-196B)

13. Power to Power to appoint Public Prosecutors(Section-192.2)

14. Power to OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES(Section-503-506)

15. Power to revision of, orders under section 514(Section-515)

16. Power to deal with and dispose of certain properties(Section-518)

17. Power to withdraw and recall cases(Section-528.2)

18. Power to compel restoration of abducted female(Section-552)

Vested Powers Under Penal Code

Vested Powers Under Mobile Court Act

Mobile Court Act,2009 is mainly a procedural Act. Under the provisions of this Act, Executive Magistrate can take cognizance of about one hundred Acts, Ordinances and Orders. Under this Act, an Executive Magistrate can award imprisonment up to two years and can fine as per the provisions of the respective laws. Schedule of Mobile Court Act includes following Acts:

(1) Penal Code, 1860 (Act No. XLV of 1860)

(2) Public Gambling Act, 1867 (Act No. II of 1867);

(3) Sarais Act, 1867 (Act No. XXII of 1867);

(4) Touts Act, 1879 (Act No XVIII of 1879);

(5) Ferries Act, 1885 (Act No.I of 1885);

(6) Railways Act, 1890 (Act No. IX of 1890);

(7) Ports Act, 1908 (Act No. XV of 1908);

(8) Electricity Act, 1910 (Act No. IX of 1910);

(9) Cinematograph Act, 1918 (Act No. II of 1918);

(10) Juvenile Smoking Act, 1919 (Act No. II of 1919);

(11) Poisons Act, 1919 (Act No. XII of 1919);

(12) Cruelty to Animals Act, 1920 (Act No. I of 1920);

(13) Passport Act, 1920 (Act No. XXXIV of 1920);

(14) Cantonments Act, 1924 (Act No. II of 1924);

(15) Highways Act, 1925 (Act No. III of 1925);

(16) Forest Act, 1927 (Act No. XVI of 1927);

(17) Child Marriage Restraint Act, 1929 (Act No. XVIII of 1929);

(18) [***]

(19) Places of Public Amusement Act, 1933 (Bengal Act No. X of 1933);

(20) Petroleum Act, 1934 (Act No XXX of 1934);

(21) Criminal Law (Industrial Areas) Amendment Act, 1942 (Act No. IV of 1942);

(22) [***]

(23) Protection of Ports (Special Measures) Act, 1948 (Act No. XVII of 1948);

(24) Protection and Conservation of Fish Act, 1950 (East Bengal Act No. XVIII of 1950);

(25) Control of Entry Act, 1952 (Act No. LV of 1952);

(26) Building Construction Act, 1952 (West Bengal Act No. II of 1952);

(27) Control of Essential Commodities Act, 1956 (East Pakistan Act No. I of 1956);

(28) Animal Slaughter and Control of Standard of Meat Act, 2011 ( Act No. 16 of 2011)

(29) Pure Food Act, 2013(Act No. 43 of 2013)

(30) Civil Aviation Ordinance, 1960 (Ordinance No. XXXII of 1960);

(31) Port Authorities Lands and Buildings (Recovery of Possession) Ordinance,1962 (Ordinance No. IX of 1962);

(32) Censorship of Films Act, 1963 (Act No. XVIII of 1963);

(33) Agricultural Produce Markets Regulation Act, 1964 (East Pakistan Act No. IX of 1964);

(34) Pilotage Ordinance, 1969 (Ordinance No. V of 1969);

(35) The Government and Local Authority Lands and Building (Recovery of Possession) Ordinance, 1970 (East Pakistan Ordinance No. XVIIII of 1970);

(36) Pesticides Ordinance, 1971 (Ordinance No. II of 1971);

(37) [***]

(38) Representation of the People Order, 1972 (P.O. No. 155 of 1972) ;

(39) Printing Presses and Publications (Declaration and Registration) Act, 1973 (Act No. XXIII of 1973);

(40) Bangladesh Wild Life (Preservation) Order,1973 (President's Order No. 23 of 1973);

(41) Territorial Waters and Maritime Zones Act, 1974 (Act No. XXVI of 1974);

(42) Chittagong Port Authority Ordinance, 1976 (Ordinance No. LII of 1976);

(43) Mongla Port Authority Ordinance, 1976 (Ordinance No. LIII of 1976);

(44) Inland Shipping Ordinance, 1976 (Ordinance No.LXXII of 1976);

(45)[***]

(46) Seeds Ordinance, 1977 (Ordinance No. XXXIII of 1977);

(47) Note-Books (Prohibition) Act, 1980 (Act No. XII of 1980);

(48) Medical and Dental Council Act, 1980 (Act No. XVI of 1980);

(49) Public Examinations (Offences) Act, 1980 (Act No. XLII of 1980);

(50) Medical Practice and Private Clinics and Laboratories (Regulation) Ordinance, 1982 (Ordinance No.IV of 1982);

(51) [Drugs Act, 1940 (Act No.XXIII of 1940) Gi sections 29 I 37)];

(52) Standards of Weights and Measures Ordinance, 1982 (Ordinance No. XII of 1982);

(53) [***]

(54) [***]

(55) Fish and Fish Products (Inspection and Quality Control) Ordinance, 1983 (Ordinance No. XX of 1983);

(56) Bangladesh Merchants Shipping Ordinance, 1983 (Ordinance No. XXVI of 1983);

(57) Bangladesh Uniani and Ayurvedic Practitioners Ordinance, 1983 (Ordinance No. XXXII of 1983);

(58) [***]

(59) Bangladesh Homeopathic Practitioners Ordinance, 1983 (Ordinance No. XLI of 1983);

(60) Motor Vehicles Ordinance, 1983 (Ordinance No. LV of 1983);

(61) Breast-Milk Substitutes (Regulation of Marketing) Ordinance, 1984 (Ordinance No. XXXIII of 1984);

(62) [***]

(63) Bangladesh Standards and Testing Institution Ordinance, 1985 (Ordinance No. XXXVII of 1985);

(64) [***]

(65) Acquisition of Immovable Property Act, 1988

(66) Brick Making and Establishment of Knell(Control) Act, 2013

(67) Prevention of Diseases due to the lack of Iodine Act, 1989

(68) Narcotics Control Act,1990

(69) Mineral and Mineral Resources (Control and Development) Act, 1992

(70) Bangladesh Environment Preservation Act,1995

(71) Water Supply and Swearege Authority Act, 1996

(72) Aviation Security and Crime Control Act, 1997

(73) Annexation of Body Organs Act, 1999

(74) [***]

(75) [***]

(76) Acid Control Act, 2002

(77) Safe Blood Circulation Act,2002

(78) Fire Security and Extinction Act, 2003

(79) Birth and Date Registration Act,2004

(80) Smoking and Tobacco Usage (Control) Act,2005

(81) Fertilizer Management Act, 2006

(82) Bangladesh Acriditation Act,2006

(83) Cable Television Neteork Management Act, 2006

(84) Bangladesh Labour Act,2006

(85) Consumer Rights Protection Act, 2009

(86) Upazila Parishad Act, 1998

(87) Local Government (Municipality) Act, 2009

(88) Local Government (City Corporation) Act,2009

(89) Local Government (Union Parishad) Act, 2009

(90) Jute Ordinance,1962

(91) Bangladesh National Anthem, Flag and Emblem Order,1972

(92) Bangladesh Gas Act, 2010

(93) Penal Code, 1860;(Section-509)

(94)

(95) Real State Development and Management Act, 2010

(96) Sand-dung and Soil Management Act,2010

(97) Grafitty and Postering(Control) Act,2012

(98) Wildlife(Preservation and Security) Act,2012

(99) Disaster Management Act,2012

(100) Compulsory Use of Jute Cover for Goods Act, 2010

(101) Overseas Employment and Immigration Act, 2013

Vested Powers Under Police Regulation

Every police-officer is legally bound to abide by the Police Regulations, any violation of which shall render the violator liable to be prosecuted u/s 29 of the Police Act, 1861. Nevertheless, Courts and Tribunals, particularly the District Magistrate and Executive Magistrates, are also required to follow many provisions of the Police Regulations, 1943. The Police Regulations, 1943 have been published in three volumes. Volume I contains 1290 regulations, volume II contains appendices and forms and volume III contains alphabetically arranged subject wise index of regulations and appendices. It is incumbent upon every Magistrate to go through all regulations and appendices of which the regulations appended hereto are of high importance for the Executive Magistrate.

Relation Between Police and District Magistrate

(a) The Commissioner as the local head of the administration, shall exercise supervision and control over the action of the District Magistrate in police matters. (b) An order received from the Commissioner either direct or through the District magistrate shall be promptly executed by the Superintendent, who shall, however, report it through the Deputy Inspector General of the Range to the Inspector General if it is of an unusual nature.

[§.12,Act v, 1861]

(a) The Deputy Inspector-General of a Range shall keep in close touch with Commissioner and District Magistrates in regard to the maintenance of peace and the prevention and detection of crime in their respective charges and shall do all in his power to establish harmonious co-operation between the police and the magistracy. (b) He shall ordinarily communicate with the Commissioner by demi-official or unofficial notes and with District Magistrates through Superintendents but he shall make a point of having personal discussions with them at intervals, e.g., when he visits their Headquarters.

(a) The Superintendent is the immediate head of the police force of the district and is responsible for all matters concerning its internal economy and management and for its efficiency and discipline. He is also responsible, subject to the general control of the District Magistrate, for the criminal administration of the district, and for the proper performance by officers subordinate to him of all preventive and executive duties.

(b) The District Magistrate has no authority to interfere in the internal organisation and discipline of the police force, but it is his duty to bring to the notice of the Superintendent all cases in which the conduct and qualifications of a police officer affect the general administration of his district.

(c) The District Magistrate may call for the papers relating to the conduct or character of any police officer of his district and may send them on to the Deputy Inspector-General of the Range for the information of the Inspector-General and Commissioner. He may direct an enquiry to be made into any case of misconduct of a police officer. The Superintendent shall submit to the District Magistrate the papers regarding all serious cases of misconduct and of cases likely to affect the relations of the police with the public.

(d) All orders of the District Magistrate relating to the police except those passed in his judicial capacity, shall be addressed to the Superintendent, or in the event of his absence from Headquarters to the officer in charge during his absence. The Superintendent as the local head of the police under the District Magistrate is bound to carry out his orders except in regard to the internal economy organisation and discipline of the force, and matters of a purely departmental nature.

(e) Should any difference of opinion on any question relating to the police administration arise between the Superintendent and the District Magistrate, it is the duty of the Superintendent to carry out the Magistrate's instructions. The Magistrate shall in such cases forth with refer the matter to the Commissioner and the Superintendent shall similarly make a reference to his Deputy inspector-General. The Commissioner and the Deputy Inspector-General shall consult together and, if possible, arrive at an agreed decision. If they are unable to agree, the matter shall be referred to the Provincial Government through the inspector-General

(f) The District Magistrate, in the exercise of his power of control, shall abstain from any action likely to weaken the authority of the Superintendent or to deprive him of responsibility. For this reason he shall avoid, as far as possible, the issue of executive orders until he has consulted the Superintendent.

(g) No circular or general order dealing with questions of law or procedure other than purely departmental matters may be issued by a Superintendent until it has been approved by the District Magistrate.

(a) The Superintendent shall remain in constant personal communication with the District Magistrate whenever possible, and consult him on all important matters. It is incumbent on him to afford the District Magistrate all possible assistance in the criminal administration of the district, and in such matters he shall, as far as possible, accede to his wishes. Should any question arise on which they do not agree the District Magistrate shall give the Superintendent written orders and the Superintendent will carry them out; but the District Magistrate shall refer the point under dispute, if the Superintendent so desires, to the Deputy Inspector-General when the matter will be settled as laid down in regulation 15 (e).

(b) The Superintendent shall keep the District Magistrate fully informed of all matters coming to his knowledge affecting the peace of the district, and when he is on tour the police officer in charge of Headquarters shall send direct to the District Magistrate all important information which would not reach him soon enough through the Superintendent.

(c) Whenever he is about to leave the station, the Superintendent shall report his intention to the Magistrate, specifying, as far as possible, the places at which he may be found from day to day; and the Magistrate, for reasons to be recorded by him, may require the Superintendent to remain at Headquarters.

Correspondence between District Magistrates and Superinten¬dents shall be carried on by means of unofficial notes or memoranda. The original file shall be sent for action, when possible, and formal letters shall on no account be written.

All orders on the police, except judicial orders, issued by the office of the District Magistrate shall ordinarily be sent through the Superintendent. This includes orders relating to tours by the District Magistrate and other officers and the provision of supplies by the police. Similarly, orders issued by the Sub-divisional Magistrate shall be sent through the Sub-divisional Police Officer, or if there be no Sub-divisional Police Officer, through the Circle Inspector.

The District Magistrate shall exercise constant supervision over the prevention and detection of crime, for the proper conduct of which he is ultimately responsible. An important part of his duty is to inspect the police-stations of his district at regular intervals. It is not necessary for him to examine the details of the working of the department, but he should give special attention to—

(i) the general diary and the manner in which it is written up;

(ii) the recording of vital statistics;

(iii) the proper working of the Arms Act;

(iv) the methods of collecting crop statistics;

(v) the working of the rural police;

(vi) the general state of crime in the police-station and any reasons for its increase or decrease;

(vii) whether the Sub-Inspector appears to have a proper knowledge of his duties, whether he is in touch with the respectable inhabitants of his charge, has acquired local knowledge, and takes an interest in his work;

(viii) Whether the police-station officials appear to be working properly and have a proper knowledge of their duties and the neighbourhood;

(ix) whether the police-station has been regularly and properly inspected.

(a) If the District Magistrate observes in any police officer of or below the rank of Inspector marked incompetence or unfitness for the locality in which he is stationed, or unfitness for his particular duties, he may draw the attention of the Superintendent to the fact and request him to consider the advisability of transferring him to another locality or to other duties. He shall; however, bear in mind that not only are transfers detrimental to police work, but the officer transferred may do as badly or even worse in another place. Unsatisfactory work is as a rule met by punishment and a transfer should not be recommended unless it is likely to improve the criminal administration of the district as a whole.

(b) If the Magistrate observes in any police officer above the rank of Inspector incompetence or unfitness he may communicate with the Inspector-General, who after paying careful attention to the views of the District Magistrate, shall determine what measures should be taken and shall inform the Magistrate of the action which he takes in the matter.

Police officers shall treat all courts and Magistrates with due respect. They shall not make reflections on them in public or insert disparaging criticisms of their acts in departmental reports or similar documents which are or may be published ; but, if a Superintendent has reason to believe that there has been a failure of justice or that police officers have received unfair treatment, he may bring the case to the notice of the District Magistrate either by a formal application presented by the Court officer for action under section 435 of the Code of Criminal Procedure or by an unofficial note or report, the language of which shall be temperate and respectful.

30A. The District Magistrate should consider such application referred to .in regulation 30, note or report and take such action as he thinks fit but he should not transmit to the Magistrate concerned any unofficial notes or reports on the subject. Employment of armed parties. [§.12,Act v, 1861]

Relation Between Police and Executive Magistrate

Vested Powers Under Special Power Act, 1974

(2) Any District Magistrate or Additional District Magistrate may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act within the meaning of section 2(f) (iii), (iv), (v), (vi), (vii) or (viii) it is necessary so to do, make an order directing that such person be detained.

(3) When any order is made under sub-section (2), the District Magistrate or the Additional District Magistrate making the order shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, and no such order shall remain in force for more than thirty days after the making thereof unless in the meantime it has been approved by the Government.

(4) If any person fails to remove himself from Bangladesh in accordance with the direction of an order made under sub-section (1) (b), then, without prejudice to the provisions of sub-section (5), he may be so removed by any police officer or by any person authorised by the Government in this behalf.

(5) If any person contravenes any order made under sub-section (1) (b), he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

(1) The District Magistrate 10 or the Police Commissioner in 11 a Metropolitan Area may, subject to the control of the Government, by order direct that, subject to any exemption specified in the order, no person present within any area or areas specified in the order shall, between such hours as may be specified in the order, be out of doors except under the authority of a written permit granted by a specified authority or person.

(2) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Scope

See also

References

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