District Magistrate-Code of Criminal Procedure 1898

Code of Criminal Procedure 1898

SECTION 10: District Magistrate:

State Amendments ASSAM.-In its application to the State of Assam, in Section 10, for words “an Additional District Magistrate” occurring between the words ‘be’ and ‘and’ substitute the words “one or more Additional District Magistrates,” and for the words “such Additional District Magistrates” occurring, between the words ‘and’ and ‘shall’, substitute the words “an Additional District Magistrate,”-Assam Act XX of 1966, Section 2.

GUJARAT.– In its application to the State of Gujarat the amendments made in Section 10 are the same as those made -in Maharashtra, subject however, to the adaptation that in its application to the “City of Ahmedabad” for the words “Greater Bombay” the words “City of Ahmedabad’ ‘are to be substituted.-Central Act XI of 1960, Section 87 and Guj. Act XIX of 1961, Section 15 (dated 4-11-1961).

MAHARASHTRA.-In Section 10,- (i) in sub-section (1)- (a) for the words “outside the presidency-towns” substitute the words “Outside Greater Bombay”; {b) delete the words “Magistrate of the first class, who shall be called the”. (ii) in sub-section (2)- (a) delete the words “any Magistrate of the first class to be”, (b) for the words “an Additional District Magistrate” substitute the words “one or more Additional District Magistrates” ; (c) for the words “Such Additional District Magistrate” substitute the words “an Additional District Magistrate”; (iii) after sub-section (2), add the following new sub-section (2-A) : “(2-A) For the purposes of sub-section (3) of Section 528, such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate.” ; (iv) after sub-section (2-A) in place of deleted sub-section (3) insert the following: “(3) For the purposes of sub-section (3) of Section 192, Section 406-B and sub-section (3-A) of Section 528, an Additional District Magistrate shall be deemed to be subordinate to the District Magistrates.” (Bom. Acts 23 of 1951, Section 2 and (Sch. 8 of 1954, Section 2 and Sch. and 21 of 1954, Section 3 and Sch. II).

MYSORE.-In its application to the State of Mysore, in Section 10 : (i) in sub-section (1), omit the words “Magistrate of the First Class, who shall be called the” ; (ii) in sub-section (2), for the words “any Magistrate of the first class to be an Additional District Magistrate,” substitute the words “one or more Additional District Magistrates” and for the words “such Additional District Magistrate,” substitute the words “an Additional District Magistrate” ; (iii) For sub-section (3) substitute the following- “(3) For the purpose of sub-section (3) of Section 192, and sub-sections (3) and (3-A) of Section 528, an Additional District Magistrate shall be deemed to be subordinate to the District Magistrate.”-Mys. Act XIII of 1965, Section 6 (1-10-1965).

PUNJAB, HARYANA AND CHANDIGARH- (i) in sub-section (1), for the words “a Magistrate” the words “an Executive Magistrate” shall be substituted, and after that sub-section as so amended, the following sub-section shall be inserted, namely : “(1-A) In every district the High Court shall invest a Judicial Magistrate of the first class with the powers of a Chief Judicial Magistrate under this Code or any other law for the time being in force.” ; (ii) in sub-section (2), for the words “any Magistrate of the first class to be an Additional District Magistrate”, the words “any Executive Magistrate of the first class to be an Additional District Magistrate” shall be substituted; and (iii) the marginal heading shall be substituted by the following, namely : “District Magistrate and Chief Judicial Magistrate.”

RAJASTHAN : Abu area.-In its application to the Abu area of the State of Rajasthan, the amendments made in Section 10 are the same as those made in (1) of Maharashtra- Central Act XXXVII of 1956, Section 119 (1-11-1956).

UNION TERRITORIES (except Chandigarh). In its application to the Union territories, in Section 10- (i) for the marginal heading, substitute the following marginal heading, namely “District Magistrate and Chief Judicial Magistrate.”; (ii) in sub-section (1), for the words “a Magistrate,” substitute the words “an Executive Magistrate”; (iii) in sub-section (2), for the words “any Magistrate of the first class,” substitute the words “any Executive Magistrate of the first class” and after that sub-section as so amended, insert the following sub-sections, namely “(2-A) In every district the State Government shall, in consultation with the High Court, invest a Judicial Magistrate of the first class with the powers of a Chief Judicial Magistrate under this Code or any other law for the time being in force”. “(2-B) The State Government may, in consultation with the High Court, appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate and such Additional Chief Judicial Magistrate shall have all or any of 18 . the powers of a Chief Judicial Magistrate referred to in sub-section (2-A)as the State Government may, in consultation with the High Court direct,” (iv) for sub-section (3), substitute the following sub-section, namely : “(3) For the purposes of Section 88, sub-section (6-C), Section 406-B and Section 528, sub-sections (2-B) and (3), such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate; and for the purposes of Section 88, sub-section (6-C), Section 192, sub-section (1), Section 406-B and Section 528, sub-sections (2) and (2-A), such Additional Chief Judicial Magistrate shall be deemed to be subordinate to the Chief Judicial Magistrate.”-Act 19 of 1969, Section 3 and Sch., item 4 (in Delhi on 2-10-1969).

WEST BENGAL.-In its application to the State of West Bengal, in Section 10-

(i) in sub-section (1), for the words ‘a Magistrate,’ substitute ‘an Executive Magistrate’; (ii) in sub-section (2), for the words ‘any Magistrate,’ substitute ‘any Executive Magistrate’; (iii) in sub-section (3), for the words ‘Section 192, sub-section (1),’ substitute the figures, words, brackets and letter, “Sections 88, sub-section (6-C), 124, 125, 192, sub-section (1),” W.B. Act 8 of 1970, Section 3 and Sch., item 6; (iv) after sub-section (2), insert the following sub-section, namely : “(2-A) A District Magistrate may, by a general or a special order, authorise an Additional District Magistrate to do any act or take any action required by a Court or other competent authority to be done or taken by the District Magistrate, if such act or action is within the powers conferred on the Additional District Magistrate under sub-section (2), except where the District Magistrate is directed, expressly or by necessary implication, to do such act or take such action himself.” -W.B. Act XII of 1966, Section 3 (11-5-1966).

(1) In every district outside the presidency-towns the State Government shall appoint a Magistrate of the first class, who shall be called the District Magistrate.

(2) The State Government may appoint any Magistrate of the first class to be an Additional District Magistrate * * * and such Additional District Magistrate shall have all or any of the powers of a District Magistrate under this Code, or under any other law for the time being in force], as the State Government may direct.

(3) For the purposes of (section 192), sub-section (1), * * * and 528, sub-sections (2) and

(3), such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate.