CrPC Section 22: Local Jurisdiction of Executive Magistrates in India
1. Code:
Section 22 of the Code of Criminal Procedure, 1973 (CrPC)
2. 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.
3. 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.
4. 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.
