LexThe Bombay Separation of Judicial and Executive Functions Act, 1951
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1951 : Bom. XXIII] 1
THE BOMBAY SEPARATION OF JUDICIAL AND EXECUTIVE
FUNCTIONS ACT, 1951
[Text as on 6th May 2024]
_____________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Amendments to enactments.
3. Amendments not to render invalid notifications, orders, etc., issued before commencement
of Act.
4. Saving.
SCHEDULE
2 The Bombay Separation of Judicial and Executive [1951 : Bom. XXIII
Functions Act, 1951
1951 : Bom. XXIII] The Bombay Separation of Judicial and Executive 3
Functions Act, 1951
LIST OF AMENDMENT ACTS
1. Amended by Bom. 89 of 1951
2. Amended by Bom. 34 of 1953
3. Amended by Bom. 21 of 1954
4 The Bombay Separation of Judicial and Executive [1951 : Bom. XXIII
Functions Act, 1951
1951 : Bom. XXIII] The Bombay Separation of Judicial and Executive 5
Functions Act, 1951
BOMBAY ACT NO. XXIII OF 19511
[THE BOMBAY SEPARATION OF JUDICIAL AND EXECUTIVE
FUNCTIONS ACT, 1951.]
[5th July 1951]
An Act to provide for the separation of Judicial and Executive
functions in the State of Bombay.
WHEREAS it is expedient to provide for the separation of the performance of Judicial and
executive functions by officers in the State of Bombay ; It is hereby enacted as follows :—
1. Short title, extent and commencement.— (1) This Act may be called the Bombay Separation
of Judicial and Executive Functions Act, 1951.
(2) It extends to the whole of the State of Bombay.
(3) It shall come into force on such 2date as the State Government may, by notification in the
Official Gazette, specify in this behalf.
2. Amendments to enactments.— The Central Acts specified in Parts I and II of the Schedule
appended to this Act (hereina fter called the Schedule) in their application to the State of Bombay and
the Bombay Acts specified in Part III of the Schedule are hereby amended to the extent mentioned in
the fourth column of the Schedule.
3. Amendments not to render invalid notifications, orders, etc., issued before
commencement of Act.— The provisions of this Act which amend any Act specified in the Schedule
so as to alter the manner in which, the authority by which, or the Law under or in accordance with
which, any powers are exercisable, shall not render invalid any notification, ord er, commitment,
attachment, by -law, rule or regulation duly made or issued or anything duly done before the
commencement of this Act; and any such notification , order, commitment, attachment, by-law, rule or
regulation or thing may be revoked, varied or undone in the like manner, to the like extent and in the
like circumstances, as if it had been done after the commencement of this Act by the competent
authority and in accordance with the provisions then applicable to such a case.
4. Saving.— 3[(1) 4[Save as provided in this section, nothing in this Act] shall be deemed to
affect—
(a) the validity, invalidity, effect or consequence of anything done or suffered to be done in
an area before the date on which the provisions of this Act come into force in such area;
(b) any right, privilege, obligation or liability already acquired, accrued or incurred before
such date;
(c) any penalty, forfeiture or punishment incu rred or inflicted in respect of any act before
such date;
(d) any investigation, legal proceeding or remedy in respect of such right, privilege,
obligation, liability, penalty, forfeiture or punishment;
5[and any such investigation, legal proceeding or rem edy may be instituted, continued, or
enforcement and any such penalty, forfeiture or punishment may be imposed in accordance with the
provisions of the relevant enactments as amended by this Act].
6[(2) All legal proceedings pending before a Magistrate or Court on the date on which this Act
comes into force shall, if such Magistrate or Court ceases to have jurisdiction in respect of such
1 For Statement of Objects and Reasons of the L. A. Bill. No. III of 1951, see Bombay Government Gazette , 1951,
Extraordinary, Part V, dated 30th January 1951, pp. 28-29 ; for Report of the Select Committee, see L. A. Bill. No. III of
1951.
2 1st July 1953 vide G.N.H.D., No. 806/5-IV, dated the 27th June 1953.
3 Section 4 was numbered as sub-section (1) by Bom. 34 of 1953, s. 12.
4 These words were substituted for the words “Nothing in this Act”, by Bom. 34 of 1953.
5 This portion was substituted for clause (e) by Bom. 34 of 1953, s. 12.
6 Sub-section (2) was inserted, by Bom. 34 of 1953.
6 The Bombay Separation of Judicial and Executive [1951 : Bom. XXIII
Functions Act, 1951
proceedings under the provisions of the relevant enactments as ame nded by this Act, stand transferred
to the Magistrate of Court having jurisdiction under the provisions of the relevant enactments as
amended by this Act and shall be heard and disposed of by such magistrate or Court and such
Magistrate and Court shall hav e all the powers and jurisdiction thereof as if they had been originally
instituted before such Magistrate or in such Court.]
SCHEDULE
(See section 2.)
PART I.—THE CODE OF CRIMINAL PROCEDURE, 1898.
Year
(1)
No.
(2)
Short title
(3)
Extent of Amendment
(4)
1898 V Code of Criminal
Procedure, 1898.
1. For section 6, the following shall be substituted,
namely:—
“6. Classes of Criminal Courts.— Besides the
High Court and the Court constituted under any law
other than this Code for the time being in force, there
shall be two classes of Criminal Courts in the State of
Bombay, namely:—
I.—Courts of Session.
II.—Courts of Magistrates.”.
2. After section 6, t he following shall be inserted ,
namely:—
“A-1. Classes of Magistrates.
6-A. Magistrate Classes of. — There shall be the
following classes of Magistrates, namely :—
I. Judicial Magistrates.
(1) Presidency Magistrates.
(2) Magistrates of the first class.
(3) Magistrates of the second class.
(4) Magistrates of the third class.
(5) Special Judicial Magistrates.
II. Executive Magistrates.
(1) District Magistrates.
(2) Sub-Divisional Magistrates.
(3) Taluka Magistrates.
(4) Presidency Magistrates specially empowered by
the State Government.
(5) Special Executive Magistrates.”.
3. For section 7, the following shall be substituted,
namely :—
“7. Sessions Divisions and Districts.— (1) The State
of Bombay shall consist of Sessions divisions; and every
sessions divisions ; shall for the purposes of the Code, be
a district ; or consist of districts.
1951 : Bom. XXIII] The Bombay Separation of Judicial and Executive 7
Functions Act, 1951
Year
(1)
No.
(2)
Short title
(3)
Extent of Amendment
(4)
1898 V Code of Criminal
Procedure, 1898.—
contd.
(2) For the purposes of this Code, Greater Bombay
shall be a sessions division and be deemed to be a
district.
(3) The State Government may alter the limits or the
number of such divisions and districts.
(4) The sessions divisions and districts existing when
the Bombay Separation of Judicial and of Executive
Functions Act, 1951 (Bom. XXIII 1951), comes into
force shall be sessions divisions and districts
respectively, unless and until they are so altered.”
4. In section 8, in sub -section ( 1), for the words
“outside the presidency -towns” the words “outside
Greater Bombay” shall be substituted.
5. In section 9,—
(i) in sub -section ( 1), after the words “ sessions
divisions, and ” the words “in c onsultation with the
High Court” shall be inserted;
(ii) in sub -section ( 3), after the words “ may also”
the words “ in consultation with the High Court” shall
be inserted;
(iii) in sub -section ( 4), after the words “ sessions
division may ” the words “in consultation with the
High Court” shall be inserted.
6. In section 10,—
(i) in sub-section (1),—
(a) for the words “outside the presidency -
towns” the words “outside Greater Bombay” shall
be substituted;
(b) the words “ Magistrate of the first class,
who shall be called the” shall be deleted;
(ii) in sub-section (2), the words “any Magistrate of
the first class to be” shall be deleted;
(iii) sub-section (3) shall be deleted.
7. In section 12,—
(i) in sub-section (1),—
(a) the words “besides the District
Magistrate” shall be deleted;
(b) for the words “outside the presidency -
towns” the words “outside Greater Bombay” shall
be substituted;
(c) the words “the State Government or the
District Magistrate, subject to the control of the
State Government” shall be deleted;
8 The Bombay Separation of Judicial and Executive [1951 : Bom. XXIII
Functions Act, 1951
Year
(1)
No.
(2)
Short title
(3)
Extent of Amendment
(4)
1898 V Code of Criminal
Procedure, 1898.—
contd.
(ii) after sub -section (1), the following sub -section
shall be inserted, namely:—
“(1-A) The power of appointment of Magis -
trates under sub -section ( 1) shall on the issue of
public notification under article 237 of the
Constitution, be exercised subject to the terms of
the said notification.”;
(iii) for the marginal note to the said section, the
following shall be substituted, namely:—
“Judicial Magistrates.”
8. In section 13,—
(i) in sub -section ( 1), the words “of the first or
second class” shall be deleted and after the words
“sub-division” the words “or a taluka ” shall be
inserted ;
(ii) in sub -section ( 2), after the words “Sub-
divisional Magistrates ” the words “or Taluka
Magistrates, as the case may be” shall be added ;
(iii) in the marginal note to the said section, the
words “or taluka” shall be added.
9. For section 14, the followin g shall be substituted,
namely:—
“14. Special Magistrate. — (1) Th e State
Government may, in consultation with the High Court,
confer upon any person all or any of the powers
conferred or conferrable by or under this Code on a
Judicial Magistrate in respect to particular cases or to
a particular class or classes of cases, or in regard to
cases generally in any local area. Such Magistrates
shall be called Special Judicial Magistrates and shall
be appointed for such term as the St ate Government
may in consultation with the High Court by general or
special order direct.
(2) The State Government may also appoint
Executive Magistrates for particular areas or for the
performance of particular functions and confer upon
them such powers as it deems fit. Such Magistrates,
shall be called Special Executive Magistrates and shall
be appointed for such term as the State Government
may by general or special order direct:
Provided that no powers shall be conferred under this
sub-section on any p olice officer below the grade of
Assistant Superintendent and no powers shall be
conferred on a police officer except so far as may be
necessary for preserving the peace, preventing crime and
detecting, apprehending and detaining offenders in order
to their being brought before a Magistrate, and for the
performance by the officer of any other duties imposed
upon him by any law for the time being in force.
1951 : Bom. XXIII] The Bombay Separation of Judicial and Executive 9
Functions Act, 1951
Year
(1)
No.
(2)
Short title
(3)
Extent of Amendment
(4)
1898 V Code of Criminal
Procedure, 1898.—
contd.
(3) The State Government may delegate, with such
limitations as it may think fit, to any other officer under
its control the powers conferred by sub-section (2)”
10. In section 15, in sub -section ( 1), for the words
“The State Government may direct any two or more
Magistrates in any place outside the presidency towns”
the words “The State Government may, in consultation
with the High Court, direct any two or more Judicial
Magistrates in a ny place outside Greater Bombay” shall
be substituted.
11. In section 16, for the words “The State Govern -
ment may, or, subject to the control of the State
Government, the District Magistrate ” the words “The
High Court, subject to the s anction of the State
Government” shall be substituted.
12. In section 17,—
(i) in sub-section (1),—
(a) for the words “All Magistrates” the words
“All Judicial Magistrates” shall be substituted;
(b) the figures, “13” shall be deleted;
(c) for the words “District Magistrate” the
words “Sessions Judge” shall be substituted;
(d) the word “and” at the end shall be deleted;
(ii) sub-section ( 2) and sub -section ( 5) shall be
deleted ;
(iii) in the marginal note to the said section, for the
word “Magistrates” the words “Judicial Magistrates”
and for the words “ District Magistrate ” the words
“Sessions Judge” shall be substituted.
13. After section 17, the following sect ions shall be
inserted, namely:—
“17A. Subordination of Executive Magistrates to
District Magistrate. — All Executive Magistrates
appointed under sections 13 and 14 shall be
subordinate to the District Magistrate.
17B. Inferior Criminal Courts. — Courts of
Session and Courts of Magis trates (including Courts
of Presi dency Magistrates) shall be Criminal Courts
inferior to the High Court and Courts of Magistrates
outside Greater Bombay shall be Criminal Courts
inferior to the Court of Session.”
14. In section 18, after sub -section ( 4) the following
sub-section shall be added, namely:—
10 The Bombay Separation of Judicial and Executive [1951 : Bom. XXIII
Functions Act, 1951
Year
(1)
No.
(2)
Short title
(3)
Extent of Amendment
(4)
1898 V Code of Criminal
Procedure, 1898.—
contd.
“(5) The power of appointment of the Chief
Presidency Magistrate and the Additional Chief
Presidency Magistrate shall be exercised in
consultation with the High Court and the power of
appointment of other Presidency Magistrates shall on
the issue of public notification under article 237 of the
Constitution, be exercised subject to the ter ms of the
said notification.”
15. In section 29B,—
(i) the words a District Magistrate or shall be
deleted ;
(ii) for the words “by any Magistrate specially
empowered by the State Government” the words “by
any Judicial Magistrate specially empowered by the
State Government in consultation with the High
Court” shall be substituted.
16. In section 36, for the words “District Magistrates,
Sub-divisional Magistrates and Magistrates of the first,
second and third classes” the words “Judicial and
Executive Magistrates other than Special Judicial and
Executive Magistrates” shall be substituted.
17. For section 37, the following shall be substituted,
namely:—
“37. Additional powers conferrable on
Magistrates.— In addition to his ordinary powers, the
State Government may invest any Magistrate with the
powers as specified in the fourth Schedule :
Provided that in the case of Judicial Magistrates such
powers shall be conferred in consultation with the High
Court :
Provided further that the State Government may
authorise a District Magistrate to invest any Magistrate
subordinate to him with any of the powers specified in
Part II of the fourth Schedule.”
18. In section 38 , for the words “conferred on” the
words “delegated to” shall be substituted.
19. After section 38, the following section shall be
inserted, namely:—
“38A. Powers on Judicial Magistrates to be
conferred in consultation with the High Court. —
Whenever under any provisions of this Code or of any
law for the time being in force relating to any of the
matters specified in Lists II and III of the Seventh
Schedule to the Constitution any judicial powers are
to be conferred on a Sessions Judge, an Ad ditional or
Assistant Sessions Judge or a Judicial Magistrate or
1951 : Bom. XXIII] The Bombay Separation of Judicial and Executive 11
Functions Act, 1951
Year
(1)
No.
(2)
Short title
(3)
Extent of Amendment
(4)
1898 V Code of Criminal
Procedure, 1898.—
contd.
any such Magistrate is to be specially empowered to
exercise such powers, the orders conferring such
powers or empowering the exercise of such powers
shall be made by the State Government in consultation
with the High Court notwithstanding that such
provision may not expressly provide for such
consultation.
Explanation.— For the purposes of this section, the
question whether any powers are judicial shall be
decided by the State Government in consultation with the
High Court and such decision shall be final.”
20. In section 41, to sub -section ( 1) the following
proviso shall be added, namely:—
“Provided that in the case of Judicial Magistrates
the withdrawal of such powers shall be made in
consultation with the High Court.”
21. In section 57, in sub-section ( 2), for the words
“before a Magistrate if so required” the words “ before a
Magistrate having jurisdiction if so required” shall be
substituted.
22. In section 63, for the words “ special order of a
Magistrate” the words “ special order of a Magistrate
having jurisdiction” shall be substituted.
23. In section 78, in sub -section ( 1), after the words
“or Sub-divisional Magistrate” the words “ or Magistrate
of the first class” shall be inserted.
24. In section 88, in sub -section ( 6C), the words
beginning with the words “of the first” and ending with
the words “may be” shall be deleted.
25. In section 94, in sub -section ( 1) for the words
“beyond the limits of t he towns of Calcutta and
Bombay” the words “ beyond the limits of Greater
Bombay” shall be substituted.
26. In section 106, in sub -section ( 1), the words “a
District Magistrate, a Sub-divisional Magistrate” shall be
deleted.
27. In section 107, in sub -section ( 1), for the words
“Presidency Magistrate, District Magistrate, Sub -
divisional Magistrate or Magistrate of the first class” the
following shall be substituted, namely:—
“Presidency Ma gistrate specially empowered by the
State Government in this behalf or a District Magistrate
or Sub -divisional Magistrate or a Taluka Magistrate
specially empowered by the State Government in this
behalf”.
12 The Bombay Separation of Judicial and Executive [1951 : Bom. XXIII
Functions Act, 1951
Year
(1)
No.
(2)
Short title
(3)
Extent of Amendment
(4)
1898 V Code of Criminal
Procedure, 1898.—
contd.
28. In section 108, for the words “or a Presidency
Magistrate, or Magistrate of the first class” the words “or
Sub-divisional Magist rate or a Presidency Magistrate”
shall be substituted.
29. In section 109, for the words “Presidency
Magistrate, District Magistrate, Sub -Divisional
Magistrate o r Magistrate of the first class” the words
“Presidency Magistrate specially empowered by the
State Government in this behalf, or a District Magistrate
or a Sub-divisional Magistrate” shall be substituted.
30. In section 110, for the words “Presidency
Magistrate, District Magistrate, or Sub -Divisional
Magistrate or a Magistrate of the first class specially
empowered in this behalf by the State Government ” the
words “Presidency Magistrate specially empowered by
the State Government in this beh alf, or a District
Magistrate or a Sub -divisional Magistrate” shall be
substituted.
31. In section 126,—
(i) in sub-section (1), for the words beginning with
the words “to a Presidency Magistrate” and ending
with the words “first class” the words “to the Court by
which an order was made to give security” shall be
substituted;
(ii) for sub -section ( 2), the followin g shall be
substituted, namely:—
“(2) On such application being made, the
Court shall issue summons or warrant, as it may
think fit, requiring the person for whom such surety
is bound to appear or to be brought before it.”
32. In section 133, in sub-section (1),—
(i) for the words “District Magistrate, a Sub -
divisional Magistrate or a Magistrate of the first class”
the words “Presidency Magistrate specially empowered
by the State Government in this behalf or a District
Magistrate or a Sub -divisional Magistrate” shall be
substituted;
(ii) in the last paragraph for the words “to appear
before himself or some other Magistra te of the first or
second class” the words “to appear before himself or
some other Executive Magistrate” shall be substituted.
33. In section 143, for the words “A District
Magistrate or Sub -divisional Magistrate, or any other
Magistrate empowered by the State Government or the
District Magistrate in this behalf” the words “A
Presidency Magistrate specially empowered by the State
Government in this behalf or a District Magis trate or a
Sub-divisional Magistrate or any Executive Magistrate
empowered either b y the State Government or the
District Magistrate in this behalf” shall be substituted.
1951 : Bom. XXIII] The Bombay Separation of Judicial and Executive 13
Functions Act, 1951
Year
(1)
No.
(2)
Short title
(3)
Extent of Amendment
(4)
1898 V Code of Criminal
Procedure, 1898.—
contd.
34. In section 144, in sub -section ( 1), for the words
and brackets “or of any other Magistrate (not being a
Magistrate of the third class)” the words “or of any other
Executive Magistrate” shall be substituted.
35. In section 145, in sub -section ( 1), for the words
“or Magistrate of the first class” the words “ or any other
Executive Magistrate specially empowered by the State
Government in this behalf” shall be substituted.
36. In section 147, in sub -section ( 1), for the words
“or Magistrate of the first cl ass” the words “ or any other
Executive Magistrate specially empowered by the State
Government in this behalf” shall be substituted.
37. In section 164, in sub -section ( 1), for the words
“Any Presidency Magistrate, any Magistrate of the first
class and any Magistrate of the second class specially
empowered in this behalf by the State Government” the
words “Any Presidency Magistrate, any District
Magistrate, any Sub -divisional Magistrate, any
Magistrate of the first class or any other Magistrate
specially empowered by the State Government in this
behalf” shall be substituted.
38. In section 167,—
(i) in sub -section ( 1), for the words “the nearest
Magistrate” the words “the nearest Judicial
Magistrate” shall be substituted ;
(ii) for sub -section ( 4), the following shall be
substituted, namely:—
“(4) Any Mag istrate giving such order shall
forward a copy of his order, with his reasons of
making it, to the Sessions Judge.”
39. In section 170, sub-section (3) shall be deleted.
40. In section 174, in sub -section ( 5), for the words
“or magistrate of the first class and any Magistrate” the
words “or any Executive Magistrate” shall be
substituted.
41. In section 186, in sub -section (1), for the words “a
District Magistrate, a Sub -divisional Magistrate, or if he
is specially empowered in this behalf by the State
Government, a Magistra te of the first class” the words
“or a Magistrate of the first class specially empowered in
this behalf by the State Government in c onsultation with
the High Court” shall be substituted.
42. In section 187, in sub-section (1), for the words “by
a Magistrate other than a Presidency Magistrate or District
Magistrate, such Magistrate shall send the person arrested
to the District or Sub -divisional Magistrate” the words
“the Magistrate issuing the warrant shall send the person
arrested to the Sessions Judge” shall be substituted.
14 The Bombay Separation of Judicial and Executive [1951 : Bom. XXIII
Functions Act, 1951
Year
(1)
No.
(2)
Short title
(3)
Extent of Amendment
(4)
1898 V Code of Criminal
Procedure, 1898.—
contd.
43. In section 190,—
(i) in sub-section (1),
(a) the words, “District Magistrat e or Sub -
divisional Magistrate” shall be deleted ;
(b) for the words “any other” the words “any
Judicial” shall be substituted;
(c) after the words “in this behalf” the words
“by the State Government in consultation with the
High Court” shall be inserted ;
(ii) in sub -section ( 2), the words “, or the District
Magistrate subject to the general or spec ial orders of
the State Government,” shall be deleted ;
(iii) in sub -section ( 3), after the words “the State
Government may” the words “in consultation with the
High Court” shall be inserted.
44. In section 192,—
(i) in sub -section (1), the words “, District Magis -
trate or Sub-divisional Magistrate” shall be deleted;
(ii) in sub-section (2),—
(a) for the words “any District Magistrate” the
words “A Sessions Judge” shall be substituted ;
(b) for the words “in his district” the words
“in the sessions division” shall be substituted.
45. In section 193, in sub -section (2), after the words
“the State Government” the words “in consultation with
the High Court” shall be inserted.
46. In section 206, in sub-section (1),—
(i) the words “ District Magistrate, Sub -divisional
Magistrate” shall be deleted;
(ii) after the words “State Government” the words
“in consultation with the High Court ” shall be
inserted.
47. In section 249, for the words “or with the previous
sanction of the District Magistrate, any other Magistrate”
the words “or any other Judicial Magistrate specially
empowered in this behalf by the State Government in
consultation with the High Court” shall be substituted.
48. In section 260, in sub-section (1),—
(i) the clause “(a) the District Magistrate,” shall be
deleted ;
(ii) in clauses ( b) and ( c) after the words “State
Government” the words “ in c onsultation with the
High Court” shall be inserted.
1951 : Bom. XXIII] The Bombay Separation of Judicial and Executive 15
Functions Act, 1951
Year
(1)
No.
(2)
Short title
(3)
Extent of Amendment
(4)
1898 V Code of Criminal
Procedure, 1898.—
contd.
49. In section 261, after the words “The State
Government may” the words “in c onsultation with the
High Court” shall be inserted.
50. In section 265, in sub -section (2), after the words
“The State Government may” the words “in consultation
with the High Court” shall be inserted.
51. In section 269, in sub -section (1), after the words
“The State Government may” the words “in consultation
with the High Court” shall be inserted.
52. In section 337, in the proviso to sub -section (1),
the words “other than the District Magistrate” shall be
deleted, and for the words “sanction of the District
Magistrate” the words “sanction of the Sessions Judge ”
shall be substituted.
53. In section 346, in sub-section (1),—
(i) for the words “outside the presidency towns” the
words “outside Greater Bombay” shall be substituted;
(ii) after the words “District Magistrate” the words
“or Sess ions Judge, as the case may be,” shall be
inserted.
54. In section 349,—
(i) in sub -section (1), for the words “to the District
Magistrate or Sub -Divisional Magistrate to whom he
is subordinate” the words “to a Magistrate of the first
class specially empowered in this behalf by the State
Government in consultation with the High Court”
shall be substituted ;
(ii) in sub-section (1A), for the words “ the District
Magistrate or Sub -divisional Magistrate” the words,
brackets and figure “the Magistrate empowered under
sub-section (1)” shall be substituted.
55. In section 350, in proviso ( b) to sub -section ( 1),
for the words “subordinate to the District Magistrate, the
District Magistrate” the words “, the Court of Session”
shall be substituted; and the words “or District
Magistrate” shall be deleted.
56. In section 380, the words “or a Su b-divisional
Magistrate” shall be deleted.
57. In section 407,—
(i) in sub-section (1),—
(a) the word “sub-division” shall be deleted ;
(b) for the words “District Magistrate” the
words “Court of Session” shall be substituted;
16 The Bombay Separation of Judicial and Executive [1951 : Bom. XXIII
Functions Act, 1951
Year
(1)
No.
(2)
Short title
(3)
Extent of Amendment
(4)
1898 V Code of Criminal
Procedure, 1898.—
contd.
(ii) in sub-section (2),—
(a) for the words “District Magistrate” ,
wherever they occur, the words “Sessions Judg e”
shall be substituted ;
(b) after the words “State Government” the
words “in c onsultation with the High Court” shall
be inserted.
58. In section 408, for the words, “a District Magis -
trate or other” the words “or a” shall be substituted.
59. In section 413, for the words “District Magistrate
or other” the letter “a” shall be substituted.
60. In section 428, in sub -section ( 1), for the words
“by a Magistrate” the words “by a Judicial Magistrate ”
shall be substituted.
61. In section 435,—
(i) in sub-section (1), the words “or District Magis-
trate, or any Sub -divisional Magistrate empowered by
the S tate Government in this behalf,” and the
Explanation to the said sub-section shall be deleted;
(ii) for sub-sections (2) and (4), the following shall
be substituted, namely:—
“(2) The District Magistrate or any Sub -
divisional Magistrate empowered by the State
Government in this behalf, may call for and
examine the record of any proceedings before any
Subordinate Executive Magistrate for the purpose
of satisfying himself as to the correctness, legality
or propriety of any order recorded or passed and as
to the regularity of any pr oceedings of such
Subordinate Magistrate and may, when calling for
such record, direct that the execution of any order
be suspended and if the person is in confinement
that he be released on bail on his own bond pending
the examination of the record.
(3) I f any Sub -divisional Magistrate acting
under sub -section ( 2), considers that any such
proceeding or order is illegal or improper he shall
forward the record with such remarks thereon as he
thinks fit to the District Magistrate.
(4) The High Court may call for and examine
the record of any proceeding under sections 143,
144 or 145, notwithstanding the fact that such
proceeding was before an Executive Magistrate.”
62. In section 436,—
(i) the said section shall be renumbered as sub -
section (1) of that section;
(ii) in sub-section (1) so renumbered for the words
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1898 V Code of Criminal
Procedure, 1898.—
contd.
“the District Magistrate by himself or by any of the
Magistrates subordinate to him, to make, and the
District Magistrate may himself make, or direct any
subordinate Magistrate to make” the words “ the
Judicial Magistrate to make,” shall be substituted.
(iii) the following new sub -section shall added
namely:—
“(2) On examining any record under section 435
or otherwise, the District Magistrate may direct any
Sub-Divisional Magistrate or any other Executive
Magistrate subordinate to him to make, and the
Sub-divisional Magistrate may himself make or
direct any subordinate Magistrate to make, further
inquiry into any proceedings:
Provided that no District Magistrate shall make
any direction under this section for further inquiry
into the case of any person unless su ch person has
had an opportunity of showing cause why suc h
direction should not be made.”
63. In section 437, the words “or District Magistrate”
and the words “or Magistrate” wherever they occur, shall
be deleted.
64. In section 438, the words “ or District Magistrate”
shall be deleted.
65. In section 479, the words, “District Magistrate”
shall be deleted.
66. In section 488, in sub-section (1), the words, “, the
District Magistrate,” and the words “, a Sub - divisional
Magistrate” shall be deleted.
1[67. In section 503, as inserted by section 21 of Act 1
of 1951, in sub-section (2),—
(i) for the words “such magistrate shall apply to the
district magistrate” the following shall be substituted
namely:—
“such magistrate, if he is a judicial magistrate
shall apply to the sessions judge and if he is an
executive magistrate shall ap ply to the district
magistrate,” ;
(ii) for the words “and the district magistrate” the
words “and the sessions judge or the district
magistrate as the case may be,” shall be substituted.]
68. For section 515, the following shall be substituted,
namely:—
“515. Appeal from, and re vision of orders under
section 514.— All orders passed under section 514 by an
Executive Magistrate other than the District Magistrate
shall be appealable to the District Magistrate and by a
1 This entry was substituted for the original by Bom. 39 of 1951, s. 3, Second Schedule.
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1898 V Code of Criminal
Procedure, 1898.—
contd.
Judicial Magistrate other than a Presidency Magistrate to
the Sessions Judge and if no appeal is made against such
orders they may be revised in the case of the orders
passed by an Executive Magistrate by the District
Magistrate and in the case of the orders passed by a
judicial Magistrate by the Session Judge.”
69. In sections 524, in sub -section ( 1), for the words
“of a Magistrate of the first class” the words “of an
Executive Magistrate” shall be substituted.
70. In section 528, in sub-section (2),—
(i) for the words, “ District Magistrat e or Sub -
Divisional Magistrate” the words “or Sessions Judge”
shall be substituted;
(ii) in the marginal note to the said sub -section, for
the words “District or Sub -divisional Magistrate” the
words “Chief Presiden cy Magistrate or Sessions
Judge” shall be substituted.
71. In section 559, in sub -section ( 2), for the words
“the District Magistrate outside such towns, ” the words
“outside such towns, the Sessions Judge in the case of
Judicial Magistrates and the District Magistrate in the
case of Executive Magistrates,” shall be substituted.
72. In section 561, for the words “District Magi -
strate”, wherever they occur, the words “a Magistrate of
the first class” shall be substituted.
73. In section 562, in the proviso to the sub -section
(1), the words “or Sub -divisional Magistrate” shall be
deleted.
74. In section 565, in sub -section ( 1), the words
“District Magistrate, Sub-divisional Magistrate” shall be
deleted.
75. In Schedule II, in column 8,—
(i) for the words “Any Magistrate” , wherever they
occur, the words “ Any Judicial Magistrate ” shall be
substituted ;
(ii) in the entry relating to section 124-A, the words
“or District Magistrate” shall be deleted and after the
words “in that behalf” the words “in consultation with
the High Court” shall be inserted;
(iii) in the entry relating to section 376, for the
words “District Magistrate” the words “Magistrate of
the first class” shall be substituted.
76. In Schedule III,—
(a) In Part I , in item ( 17), for the words “ District
Magistrate” the words “ Sessions Judge ” shall be
substituted.
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1898 V Code of Criminal
Procedure, 1898.—
contd.
77. For Schedule IV, the followin g shall be
substituted, namely:—
“SCHEDULE IV
(See section 37)
Additional powers with which Magistrates may be
invested.
PART 1.—BY STATE GOVERNMENT
Powers with which a Magistrate of the First Class
may be invested.
1. Power to issue process for person within local
jurisdiction who has committed an offence outside the
local jurisdiction, section 186;
2. Power to take cognisance of offences upon
complaint, section 190;
3. Power to take cognisance of offences upon police
reports, section 190;
4. Power to take cognisance of offences without
complaint, section 190;
5. Power to transfer cases, section 192;
6. Power to try summarily, section 260;
7. Power to pass sentence on proceedings recorded by
a Magistrate of the Second and Third Class, section 349;
8. Power to hear appeals from conviction by
Magistrate of the Second and Third Class, section 407;
9. Power to try cases under section 124 -A of the
Indian Penal Code.
Powers with which a Magistrate of the Second
Class may be invested.
1. Power to record statements and confessions during
a police investigations, section 164;
2. Power to authorise detention of a person in the
custody of the police during a police investigation,
section 167;
3. Power to take cognizance of offences upon
complaint, section 190;
4. Power to take cognizance of offences upon police
reports, section 190;
5. Power to take cognizance of offences without
complaint, section 190:
6. Power to commit for trial, section 206;
7. Power to stop proceedings instituted otherwise than
upon complaint, section 249;
8. Power to make order as to first offenders, section
562.
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1898 V Code of Criminal
Procedure, 1898.—
contd.
Powers with which a Magistrate of the Third Class
may be invested.
1. Power to record statement and confessions during a
police investigation, section 164;
2. Power to take cognizance of offences upon
complaint, section 190;
3. Power to take cognizance of offences upon police
report, section 190;
4. Power to stop proceedings instituted otherwise than
upon complaint, section 249.
PART II-BY STATE GOVERNMENT
Powers with which a Sub-divisional Magistrate
may be invested.
1. Power to call for records, section 435.
Powers with which any other Executive Magistrate
may be invested.
1. Power to make orders prohibiting repetitions of
nuisances, section 143;
2. Power to make orders under section 144;
3. Power to make orders, etc., in p ossession cases,
sections 145 and 147;
4. Power to record statements and confessions during
a police investigation, section 164;
5. Power to hold inquests, section 174;
6. Powers to sell property alleged or suspected to have
been stolen, etc., section 524.
BY DISTRICT MAGISTRATE
Powers with which any Executive Magistrate
may be invested
1. Power to make or ders prohibiting repetitions of
nuisances, section 143;
2. Power to make orders under section 144;
3. Power to hold inquests, section 174.”
1[1871 I The Cattle Trespass
Act, 1871.
(1) In section 20 for the words “ the Magistrate of
the District or any Magistrate authorized to receive
and try charges without reference by the Magistrate of
the District” the words “the Magistrate of the First
Class” shall be substituted.
1 This portion was inserted by Bom. 34 of 1953, s. 13.
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1[1871 I The Cattle Trespass
Act, 1871.—contd.
(2) in sections 24, 26 and 27 the words “before a
Magistrate” shall be deleted.]
1889 I The Metal Tokens
Act, 1889.
In section 5, in sub -section ( 2), the words “except a
District Magistra te or Sub -Divisional Magistrate” shall
be deleted.
1894 IX The Prisons Act,
1894.
In section 52,—
(i) the words “of the District Magistrate or” shall be
deleted ;
(ii) i n the first proviso, the words “ by the District
Magistrate to any Ma gistrate of the first class and”
shall be deleted.
1897 VIII The Reformatory
Schools Act, 1897.
1. In section 8, in sub -section ( 2), for the words “by
the State Government in this behalf” the words “by the
State Government in this behalf in c onsultation with the
High Court” shall be substituted.
2. In section 9, in sub -section (1), for the words “the
District Magis trate to whom he is subordinate” the
words, brackets and figures “the Magistrate specially
empowered under sub -section (2) of section 8” shall be
substituted.
3. In section 10, for the words “ District Magis trate”
the words, brackets and figures “Magistrate specially
empowered under sub -section (2) of section 8” shall be
substituted.
4. In section 11, in sub -section ( 2) for the words
“District Magistrate” the words “Magistrate specially
empowered” shall be substituted.
5. In section 31,—
(i) in sub -section ( 4) for the words “the District
Magistrate to whom such Court is subordinate” the
words, brackets and figures “the Magistrate specially
empowered under sub -section ( 2) of section 8” shall
be substituted.
(ii) in sub -section (5) the words “District” shall be
deleted.
1900 III The Prisoners Act,
1900.
In section 37, for the words “District Magistrate” the
words “Session Judge” shall be substituted.
1911 X The Prevention of
Seditious Meetings
Act, 1911.
In section 8, the words “or Sub-divisional Magistrate”
shall be deleted.
1917 I The Inland Steam
Vessels Act, 1917.
1. In section 33, in clause ( b) of sub -section ( 1), the
words “or the Court of any District Magistrate ” shall be
deleted.
1 This portion was inserted by Bom. 34 of 1953, s. 13.
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1917 I The Inland Steam
Vessels Act, 1917. —
contd.
2. In section 35, in sub -section (1) the words “or the
Court of the District Magistrate,” shall be deleted.
3. In section 38, in clause ( b), the words “or the Court
of the District Magistrate” shall be deleted and for the
words “respectively by either Court” the words “by it”
shall be substituted.
1923 IX The Indian Official
Secrets Act, 1923.
In section 13, in sub -section ( 1), after the word
“Government” the words “or that of a Presidency
Magistrate” shall be inserted and the words “which is
inferior to that of a District or Presidency Magistrate ”
shall be deleted.
1927 XVI The Indian Forest
Act, 1927.
In section 67, 1[for] the w ords “ The District
Magistrate or any Magistrate of the first class specially,
empowered in this behalf by the State Government ” the
words “any Magistrate of the first class specially
empowered in this behalf by the State Government in
consultation with the High Court,” shall be substituted.
PART III-BOMBAY ACTS.
Year
(1)
No.
(2)
Short title
(3)
Extent of Amendment
(4)
1867 VII The Bombay District
Police Act, 1867.
In section 34, for the words “a Magistrate of the first
class” the words “ the District Magistrate or any
magistrate specially empowered in this behalf by the
State Government” shall be substituted.
1867 VIII The Bombay Village
Police Act, 1867.
1. In section 1, the following pa ragraph s hall be
added, namely:—
“The term ‘Executive Magistrate’ when used in this
Act has the meaning assigned to it, in the Code of
Criminal Procedure, 1898 (V of 1898).”
2. In section 6, for the words “the Magistrate” , where
they occur for the second time, the words “ any other
executive Magistrate” shall be substituted.
3. In section 8, for the words “the Magistrate” the
words “the Executive Magistrate” shall be substituted.
4. In sections 9 and 9 -A, for the words “any
Magistrate of the first class” and “Any Magistrate of the
first class” the words “the Magistrate of the District” and
“The Magistrate of the District” shall, respectively, be
substituted.
5. In sections 19 and 21, for the words “the
Magistrate” the words “the Executive Magistrate” shall
be substituted.
1 This word was substituted for the word “after” by Bom. 21 of 1954, s. 3, Second Schedule.
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1889 I The Bombay Village
Sanitation Act, 1889.
In section 15, in sub -section ( 1), for the words
beginning with the words “or other” and ending with the
words “in this behalf” the words “or any Magistrate of
the first class specially empowered in this behalf by the
State Government in c onsultation with the High Court”
shall be substituted.
1929 XVIII The Bombay Borstal
Schools Act, 1929.
1. In section 8, the words “a District Magistrate. a sub-
divisional Magistrate” shall be deleted.
2. In section 9, for the words “District Magistrate”,
wherever they occur, the words “Magistrate of the first
class” shall be substituted.
1933 VI The Bombay Village
Panchayats Act, 1933.
1. In section 77,—
(i) in sub -section ( 1), for the words, “District
Magistrate” the words “Sessions Court” shall be
substituted;
(ii) in sub-section (2),—
(a) for the words “District Court or District
MagistrateExcerpt shown. Open the full act in Lexace.