BNSS Section 15: Special Executive Magistrates
Code
The State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special Executive Magistrates (SEM), for particular areas or for the performance of particular functions and confer on such SEM such of the powers as are conferrable under this Sanhita on Executive Magistrates, as it may deem fit.
Explanation
This section empowers the State Government to appoint SEMs for specific purposes or regions. These SEMs can be either existing Executive Magistrates or police officers of the rank of Superintendent of Police or higher. The State Government can delegate specific powers, as defined in the BNSS, to these SEMs.
Illustration
Imagine a large-scale public event like a religious festival or political rally. The State Government might appoint a senior police officer as a SEM for the event’s duration. This SEM would be empowered to enforce law and order, regulate crowd movements, and handle any emergencies that might arise during the event.
Common Questions and Answers:
Q: What powers can be conferred on SEMs?
A: The State Government can confer any powers that are available to Executive Magistrates under the BNSS, such as the power to arrest, search, or seize property. However, the specific powers conferred will depend on the specific needs and context of the situation.
Q: How long can SEMs be appointed for?
A: The State Government can appoint SEMs for any duration it deems fit. This could be for a specific event, a defined period, or even for a longer term.
Q: Who can appoint SEMs?
A: Only the State Government has the authority to appoint SEMs. They cannot be appointed by any other authority.
