Tuesday, 8 January 2019

Powers of Magistrate

Powers of Magistrate":
Powers of a Magistrate of 1st Class which cannot be exercised by Magistrate of 2nd and 3rd class or unless specially empowered in that behalf.
1- Power to act as Magistrate 30 (Section 30)
2- Limitation as to sentence passed: Imporisonment 03 years included solitary confinement, Fine 45000, Arsh, Daman, Whipping (Section 32)
3- May direct a warrant of arrest to a landlord (Section 78)
5- Power to issue warrant to search a house suspected to contain stolen property, forged documents etc (Section 98)
6- Power to issue warrant to search a person wrongfully confined. (Section 100)
7- Power to order for submission of security for keeping the peace. (Section 107)
8- Power to order for submission of security for good behaviour from person disseminating seditious matter. (Section 108)
9- Power to order for submission of security for good behaviour from vagrants and suspected persons. (Section 109)
10- Power to order for submission of security for good behavior from habitual offender. (Section 110)
11- Power to discharge a surety. (Section 126)
12- Power to issue conditional order for removal of nuisance (Section 133)
13- Power to order for prohibition repetition or continuance of public nuisance (Section 143)
14- Power to entertain a dispute concerning immovable property (Section 145)
15- Power to deal with dispute concerning rights of use of immovable property (Section 147)
16- Power to order for investigation in a non- cognizable offence (Section 155(2)
17- Power to record statements and confessions (Section 164)
18- To grant remand (Section 167)
19- Power to hold inquest. (Section 174)
20- Power to hold inquiry as to cause of death (Section 176)
21- Power to issue summons or warrant for offence committed beyond local jurisdiction (Section 186)
22- Power to take cognizance of an offence (Section 190)
23- Power to stop proceeding when no complaint. (Section 249)
24- Power to try summarily (Section 260)
25- Power to sell property where no claimant appears within six months (S. 524)
Magistrate of Second Class
1- Power to pass sentence: Imprisonment one year including solitary confinement, Fine 15000/- (Section32)
2- Power to order for investigation in a non-cognizable offence (if so empowered)(Section 155)
3- Power to record statements and confessions if specially empowered in this behalf by provincial government. (Section 164)
4- Power to grant remand if especially empowered in that behalf by provincial government. (Section 167).

0 comments:

Post a Comment