- 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.
- Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
Simplified Explanation:
Section 22 of the Code of Criminal Procedure (CrPC), 1973, focuses on the local jurisdiction of Executive Magistrates, outlining the principles governing where they can exercise their powers. This section ensures clarity and effectiveness in applying these powers within specified geographical areas. Here’s how it works:
- Delineation of Jurisdiction: The section states that the State Government is responsible for specifying the local jurisdiction of each Executive Magistrate. This means that each Executive Magistrate is assigned a specific geographical area within which they can exercise their powers. The delineation of such regions ensures that administrative and judicial functions are performed efficiently and without jurisdictional overlap.
- Powers Beyond Local Jurisdiction in Certain Cases: Despite the general rule restricting Executive Magistrates to operate within their designated local jurisdictions, Section 22 provides for exceptions. An Executive Magistrate may exercise their powers beyond their local jurisdiction if they are acting on the orders of a superior Executive Magistrate or are pursuing a person who has moved out of their jurisdiction. This provision ensures that the administration of justice is supported by strict jurisdictional boundaries, especially in cases where immediate action is required across different areas.
- Objective and Significance: The primary aim of this section is to organize the structure of local governance and law enforcement efficiently. By clearly defining the geographical limits of each Executive Magistrate’s authority, the CrPC ensures that there is no confusion about who is responsible for law and order in any given area. This arrangement facilitates better coordination among various law enforcement and administrative entities and ensures a more focused approach to handling public order and safety issues.
- Flexibility and Efficiency: The allowance for Executive Magistrates to operate beyond their jurisdictions in certain situations reflects the law’s adaptability. This flexibility is crucial for addressing issues that may require immediate and concerted action across different geographical areas, such as pursuing offenders or implementing orders issued by higher authorities.
Section 22, therefore, plays a critical role in the administrative framework established by the CrPC. It ensures that Executive Magistrates can perform their duties effectively within clearly defined geographical areas while also providing the necessary flexibility to address situations that extend beyond these boundaries.
