Code:
(1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
Explanation:
This section defines the geographical area within which an Executive Magistrate has the power to exercise his/her functions. It outlines the following aspects:
- General Rule: An Executive Magistrate has jurisdiction over the local area assigned to him/her by the state government.
- Specific Cases: In certain cases, an Executive Magistrate can exercise his/her powers beyond his/her assigned area, such as:
- When directed by a superior authority.
- When pursuing an offender or investigating a case that began in his/her jurisdiction.
- When the offence was committed within his/her jurisdiction but the offender is found in another area.
- Exceptions: There are exceptions to this general rule. For example, a Metropolitan Magistrate has jurisdiction over the entire metropolitan area, regardless of the specific area assigned to him/her.
Illustration:
Let’s imagine an Executive Magistrate is assigned to a specific district. A crime occurs in a nearby village outside the district. The Executive Magistrate can still investigate the crime if:
- The accused is found within his/her district.
- He/she receives specific instructions from a superior officer.
Common Questions and Answers:
Q: Can an Executive Magistrate investigate a crime that happened outside his/her assigned area?
A: Yes, but only under certain circumstances, such as when directed by a superior officer or when the offender is found within his/her jurisdiction.
Q: How is the local jurisdiction of an Executive Magistrate determined?
A: It is determined by the state government, which assigns a specific area to each Executive Magistrate.
Q: Can an Executive Magistrate exercise his/her powers in a different district without any authorization?
A: No, generally not. He/she needs either authorization from a superior officer or specific circumstances to justify exercising powers outside his/her assigned area.
