The Executive Magistrate ( bn, নির্বাহী ম্যাজিস্ট্রেট) is the magistrate of the executive organ of the
People's Republic of Bangladesh
Bangladesh (}, ), officially the People's Republic of Bangladesh, is a country in South Asia. It is the List of countries and dependencies by population, eighth-most populous country in the world, with a population exceeding 165 million pe ...
. The members of the
Bangladesh Civil Service
Bangladesh Civil Service ( bn, বাংলাদেশ সিভিল সার্ভিস ), more popularly known by its acronym BCS, is the civil service of Bangladesh. Civil service in the Indian subcontinent originated from the Imperial ...
(Administration) i.e.
Bangladesh Administrative Service
The Bangladesh Administrative Service (BAS) is the premier civil service cadre of the Bangladesh Civil Service, and which formulates and executes the policies of the government of the People's Republic of Bangladesh of which it is an inseparable pa ...
are the Executive
Magistrates
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
. They usually exercise vast executive and limited judicial power in their respective jurisdiction.
History
Prior to 1 November 2007, the court of Magistrates was manned by officers from Bangladesh Civil Service (Administration). Through an Ordinance of 2007, the Code of Criminal Procedure, 1898 was amended and two classes of Magistrates were created, namely Judicial Magistrate and Executive Magistrate. The Ordinance was later substituted by the Code of Criminal Procedure (Amendment) Act, 2009 (with effect from 1 November 2007). While Judicial Magistrates are appointed from the persons employed in Bangladesh Judicial Service, Executive Magistrates are appointed from the members of Bangladesh Civil Service (Administration).
The
Bangladesh High Court
The High Court Division, Supreme Court of Bangladesh ( bn, হাইকোর্ট ডিভিশন) popularly known as the 'High Court' is one of the two divisions of the Supreme Court of Bangladesh, the other division being the Appellate D ...
on 13 May 2017 issued a verdict that declared the rules under which executive magistrates operate mobile court contrary to the constitution of Bangladesh.
Subsequently, the judgment of the High Court Division was challenged by the Government. On 16 January 2018,
Bangladesh Supreme Court, Appellate Division
The Appellate Division of the Supreme Court of Bangladesh is the appellate court in Bangladesh. The Appellate Division is the final court of appeal for all civil and criminal cases, with appellate review authority over judgements of the High Co ...
granted leave to appeal and stayed the said verdict till disposal of the case.
Types of Executive Magistrate
According to Section 10 (5) of the Code of Criminal Procedure, 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. Besides, it is also mentioned in Section 10(6) of the said Code that all persons appointed as Assistant Commissioners, Additional Deputy Commissioners or Upazila Nirbahi Officer in any District or Upazila shall be Executive Magistrates and may exercise the power of Executive Magistrate within their existing respective local areas.
In every administrative district, there are following Executive Magistrates as per Section 10 of the Code of Criminal Procedure, 1898:
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District Magistrate
A District Collector-cum-District Magistrate (also known as Deputy Commissioner in some states) is an All India Service officer of the Indian Administrative Service (IAS) cadre who is responsible for ''land revenue collection'', ''canal reven ...
(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.
#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.
#Additional Deputy Commissioner (ADC): All the ADCs in the district are Executive Magistrate.
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Upazila Nirbahi Officer
An Upazila Nirbahi Officer ( Abbreviation: UNO; bn, উপজেলা নির্বাহী অফিসার) is the chief executive officer of an upazila (subdistrict) and a mid-level officer of the Bangladesh Civil Service (administratio ...
: (Sub-District/Upazila Executive Officer)
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Assistant Commissioner: including Senior Assistant Commissioner and Assistant Commissioner (Land)
Powers of an Executive Magistrate
According to Schedule III of the Code of Criminal Procedure, 1898, an Executive Magistrate has the following powers:
V. Ordinary Powers of an Executive Magistrate.
(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 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 83, 84, 86.
(4) Power to cause search by postal and telegraph authority for documents etc. and to detain them. Section 95 (2).
(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. 404 Criminal Procedure [1898: Act V
(8) Power to require security for good behaviour form vagrants and suspected persons. Section 109.
(9) Power to require security for good behaviour. Section 110.
(10) Power to discharge sureties. Section 126.
(11) Power to command unlawful assembly to disperse. Section 127.
(12) Power to use civil force to disperse unlawful assembly; 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.
An Executive Magistrate may be invested with the following powers by the Government and the District Magistrate:
VI. An Executive Magistrate by the Government-
(a) Power to issue search-warrant otherwise than in course of inquiry, section 98;
(b) Power to require security for good behaviour in case of seditions, section 108;
(c) Power to make orders prohibiting repetition of nuisance, section 143;
(d) Power to make orders under section 144, 145 and 147;
(e) Power to held inquests, section 174.
VII. An Executive Magistrate by the District Magistrate -
(a) Power to make orders prohibiting repetition of nuisance, section 143;
(b) Power to hold inquests, section 174.]
In addition to the powers mentioned above, any Executive Magistrate may be empowered by the Government as well as by the District Magistrate within respective jurisdiction to operate mobile court under the Mobile Court Act, 2009. This Act has a Schedule which contains a list of laws upon which mobile courts are administered.
Under this Act, the Executive Magistrate may take into cognizance the offences committed in his/her presence or unfolded before him or her on the spot of the occurrence. Upon confession of the accused, the said Magistrate can sentence the offender as per the concerned law, but in case of imprisonment, not exceeding two years.
Scope
* Executive Magistrate, district administration
* Executive Magistrate, all
Airports of Bangladesh
* Executive Magistrate,
Chittagong Port
The Chittagong Port ( bn, চট্টগ্রাম বন্দর) is the main seaport of Bangladesh. Located in Bangladesh's port city of Chittagong and on the banks of the Karnaphuli River, the port handles over 90 percent of Bangladesh' ...
* Executive Magistrate,
Dhaka North &
South City Corporation
* Executive Magistrate,
Chittagong City Corporation
Chattogram City Corporation (CCC) is a self-governing agency that governs the municipal areas of Chattogram and some adjoining areas of south-eastern Bangladesh.
CCC government is elected by popular vote every 5 years.
Administration
Chattogr ...
* Executive Magistrate,
Water Supply and Sewerage Authority
Water Supply and Sewerage Authority or WASA is the main body administering Water supply, Drainage and Sanitation system in Bangladesh
Bangladesh (}, ), officially the People's Republic of Bangladesh, is a country in South Asia. It is th ...
(WASA)
* Executive Magistrate,
Bangladesh Standards and Testing Institution (BSTI)
* Executive Magistrate,
Department of Environment
An environmental ministry is a national or subnational government agency politically responsible for the environment and/or natural resources. Various other names are commonly used to identify such agencies, such as Ministry of the Environment, ...
* Executive Magistrate,
Dhaka Metropolitan Police
The Dhaka Metropolitan Police (DMP) is the unit of Bangladesh Police responsible for law enforcement in the metropolis of Dhaka, the national capital and most populous city in Bangladesh. The DMP is the largest police force unit in Bangladesh. A ...
* Executive Magistrate,
Chittagong Metropolitan Police
Chattogram Metropolitan Police (CMP), former Chittagong Metropolitan Police, is the chief law enforcement agency in Chattogram, the second largest city in Bangladesh. It was established in 1978 under the Chittagong Metropolitan Police Ordinance ap ...
* Executive Magistrate,
Rajshahi Metropolitan Police
Rajshahi Metropolitan Police (RMP) is a division of Bangladesh Police, which is responsible for law enforcement within the metropolis of Rajshahi.
History
Rajshahi Metropolitan Police was established on 1 July 1992. RMP began with four police ...
* Executive Magistrate,
Bangladesh Road and Transport Authority (BRTA)
* Executive Magistrate,
Rapid Action Battalion
Rapid Action Battalion or RAB, is an anti-crime and anti-terrorism unit of the Bangladesh Police. This elite force consists of members of the Bangladesh Army, Bangladesh Police, Bangladesh Navy, Bangladesh Air Force, Border Guard Bangladesh, Ba ...
(RAB)
See also
*
Executive Magistrates of the Roman Empire
The executive magistrates of the Roman Empire were elected individuals of the ancient Roman Empire. During the transition from monarchy to republic, the constitutional balance of power shifted from the executive (the Roman King) to the Roman Senate ...
*
Magistrate
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
*
District Administration,Rangamati
District administration is the apex office of a district at the present context of administrative setting of Bangladesh. It is the management of affairs within a district, which is the basic territorial unit of administration in the country. It is ...
*
Upazila Nirbahi Officer
An Upazila Nirbahi Officer ( Abbreviation: UNO; bn, উপজেলা নির্বাহী অফিসার) is the chief executive officer of an upazila (subdistrict) and a mid-level officer of the Bangladesh Civil Service (administratio ...
References
{{Government of Bangladesh
Civil service in Bangladesh
Public administration
Politics of Bangladesh