The state Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrate, as it may deem fit.
Simplified Explanation:
Section 21 of the Code of Criminal Procedure (CrPC), 1973, deals with the special executive magistrates and their powers. It gives the State Government the authority to appoint special executive magistrates for particular areas or perform specific functions. Here’s a breakdown of its main components:
- Appointment for Specific Areas or Functions: Section 21 allows the State Government to appoint any person as a Special Executive Magistrate for a specified area or for performing specific functions. This flexibility is crucial for addressing unique or urgent administrative or law enforcement needs that may arise in certain areas or circumstances.
- Powers Conferred: The State Government is empowered to confer upon these Special Executive Magistrates any powers conferred or conferrable by or under the CrPC on an Executive Magistrate. However, these powers are subject to the limitations specified by the State Government, meaning that a Special Executive Magistrate’s powers can be tailored to suit the specific requirements of their appointment.
- Objective and Application: The provision for Special Executive Magistrates is designed to ensure that the State Government can quickly and effectively respond to administrative challenges, such as maintaining law and order during special events, handling natural disasters, or addressing disturbances in a particular area. By appointing Special Executive Magistrates with defined powers and jurisdictions, the government can ensure focused and efficient management of specific situations that require immediate attention.
- Duration of Appointment: The tenure or the period for which a Special Executive Magistrate is appointed is not explicitly defined in Section 21. Typically, the duration of their appointment would be determined based on the nature of the tasks they are assigned to perform and the specific needs identified by the State Government.
Section 21 exemplifies the CrPC’s flexibility, allowing for adaptive and responsive governance, especially in managing public order and administrative functions. It acknowledges the diverse challenges that may emerge in different regions or under other circumstances. It provides a mechanism for the State Government to appoint specialized magistrates to address these challenges effectively.
