Context
- Recently, an SEM court in Delhi accepted the sureties and granted bail to Cockroach Janta Party (CJP) activists, who were in custody under preventive proceedings.
About Special Executive Magistrates (SEMs)
- Appointment: State governments appoint SEMs for specific areas, purposes or periods.
- Legal Provision: Under Section 15 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, SEMs are conferred powers exercised by Executive Magistrates, subject to the authority granted by the State government.
- Nature of Appointment: Unlike regular Executive Magistrates, who perform continuing administrative and preventive functions, SEMs are appointed for specified periods, areas or functions.
- Primary Objective: To take preventive action in situations involving potential breaches of peace or threats to public order.
Key Functions of SEMs
- Preventive Action: Intervene when disturbance is likely, rather than after an offence has occurred.
- Maintenance of Public Order: Prevent breaches of peace through preventive and administrative functions.
- Peace Bonds (Section 126, BNSS): Require a person likely to disturb public tranquillity to show cause why they should not execute a bond to keep the peace.
- Under Section 126 of the BNSS, an Executive Magistrate can require a person to execute a peace bond for up to one year to prevent a breach of peace.
- Urgent Orders: Issue orders in cases of nuisance or apprehended danger, such as danger to life or safety, a riot or an affray.
- Inquiry and Security (Section 135, BNSS): Inquire into the information received and, where needed, order security while the inquiry is pending, recording reasons in writing.
- Action on Breach of Bond: Order arrest or detention for the remaining period of the bond if it is breached.
Judicial Magistrates vs Special Executive Magistrates
| Basis | Judicial Magistrates | Special Executive Magistrates |
| Legal Provision | Section 9 of the BNSS, 2023 | Section 15 of the BNSS, 2023 |
| Appointment | Presiding officers are appointed by the High Court | Appointed by the State government |
| Nature of Role | Exercise judicial powers | Perform administrative and preventive functions |
| Key Functions | Handle criminal cases, remand proceedings, bail applications and trials | Prevent breaches of peace and maintain public order |
| Criminal Trials | Can conduct criminal trials and impose sentences permitted by law | Cannot conduct criminal trials or convict persons through SEM proceedings |
| Remand and Release | Exercise judicial powers relating to bail and remand | Powers depend on the authority conferred by the State government and the applicable law |
Can the Actions of SEMs Be Reviewed by Courts?
- Judicial Review: Actions and orders of SEMs are subject to judicial review to ensure legality and protect citizens’ rights.
- Challenge to Orders: An SEM’s order may be challenged before the appropriate court or authority, depending on the nature of the order and the remedy available.
- Accountability: Judicial review and administrative oversight help ensure that preventive powers are exercised lawfully and are not used arbitrarily.
| Important CTC From this article Special Executive Magistrates |
Q. Consider the following statements regarding Special Executive Magistrates (SEMs):
1. They are appointed by the State Governments for specific areas, purposes or periods.
2. Their powers are provided under Section 15 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
3. They can conduct criminal trials and convict individuals.
4. They perform preventive and administrative functions to maintain public order and prevent breaches of peace.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 1, 2 and 4 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4
Correct Answer: (b) 1, 2 and 4 only
Explanation:
• Statement 1 is correct: State Governments appoint SEMs for specific areas, purposes or periods.
• Statement 2 is correct: Section 15 of the BNSS, 2023, provides for the appointment of Special Executive Magistrates.
• Statement 3 is incorrect: SEMs cannot conduct criminal trials or convict individuals through SEM proceedings.
• Statement 4 is correct: SEMs exercise preventive and administrative powers to maintain public order and prevent breaches of peace.