What are the powers and functions of Special Executive Magistrates? | Explained

What are the powers and functions of Special Executive Magistrates? | Explained left A police vehicle carrying Cockroach Janta Party leaders Saurav Das and Ashutosh Ranka leaves the Mandir Marg police station after a Special Executive Magistrate (SEM)ordered their release, in New Delhi on October 21, 2026. PTI PTI Karma Bhutia New Delhi: A police vehicle carrying Cockroach Janta Party leaders Saurav Das and Ashutosh Ranka leaves the Mandir Marg police station, in New Delhi, Wednesday, Oct.

21, 2026. A special executive magistrate (SEM) on Wednesday ordered the release of Das and Ranka after the expiry of judicial custody in connection with the October 14 protest at Jantar Mantar. (PTI Photo/Karma Bhutia) (PTI10_21_2026_000360A) State governments appoint Special Executive Magistrates for specific areas or purposes and give them the powers exercised by the Executive Magistrates under the BNSS, 2023 The story so far: A Special Executive Magistrate (SEM) court in Delhi accepted the sureties and granted bail to Cockroach Janta Party (CJP) activists Saurav Das and Ashutosh Ranka on Wednesday (October 21, 2026).

CJP’s Saurav Das, Ashutosh Ranka get bail after seven days in jail storyline 1 Despite the Delhi Police seeking a three-day extension of custody on law-and-order grounds, Assistant Commissioner of Police Ritu Raj, who presided over the proceedings, ordered their release. CJP activists had challenged the legality of their continued detention. The case has brought into focus the roles and powers of SEMs and their differences from judicial magistrates and their authority to impose preventive measures.

CJP leaders Saurav Das, Ashutosh Ranka summoned by Delhi Police Crime Branch after release from jail CJP leaders Saurav Das, Ashutosh Ranka summoned by Delhi Police Crime Branch after release from jail A probe into trespass and disobedience of a government order transferred from local police stations to the Crime Branch CJP leaders Saurav Das, Ashutosh Ranka summoned by Delhi Police Crime Branch after release from jail storyline 1 Who is a Special Executive Magistrate?

State governments appoint SEMs for specific areas or purposes and give them the powers exercised by the Executive Magistrates under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. It is dealt under Section 15. While Executive Magistrates perform continued administrative and preventive functions, SEMs are appointed for a specified period, area or function, such as particular situations that require preventive action or maintenance of public order.

Their powers also depend on the authority conferred on them by the State government. What is the function of SEMs? The powers of SEMs are intended to allow authorities to intervene when there is a likelihood of disturbance rather than responding after the offence has occurred. They maintain public order and prevent breaches of peace by performing preventive and administrative functions.

Delhi Police seeks 3-day custody extension of CJP leaders Das, Ranka Delhi Police seeks 3-day custody extension of CJP leaders Das, Ranka The duo were initially remanded to five days of judicial custody on October 14 after being detained for allegedly entering the denotified protest site of Jantar Mantar Delhi Police seeks 3-day custody extension of CJP leaders Das, Ranka storyline 1 The Executive Magistrate can require a person who is likely to cause a breach of peace or disturb public tranquillity to show cause why they should not execute a bond to keep the peace.

So, depending on the circumstances, they may be required to furnish a bond for a specified period. It is subject to the procedure established by law. This is dealt under Section 126 of the BNSS. Executive Magistrates can also exercise powers under Section 163 of the BNSS to issue urgent orders in case of nuisance or apprehended danger. It is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray.

Preventive arrest can be made by police officers when necessary to prevent the commission of a cognisable offence that cannot otherwise be prevented, according to Section 170 of the BNSS. This is a police power, not exclusively that of SEMs. The police initiated a preventive proceeding against the CJP activists, alleging that they had breached peace bonds that they had signed. SEM extended their custody on October 19, citing concerns about public peace.

Later on Wednesday (October 21), their sureties were accepted, and they were released on an undertaking not to call for protests at Jantar Mantar while it remained a denotified protest site. CJP alleges delay in release of leaders, four sureties rejected CJP alleges delay in release of leaders, four sureties rejected Saurav Das and Ashutosh Ranka were sent to five days of judicial custody on October 14 after they entered Jantar Mantar, which had been denotified as a designated protest site, by scaling its locked gates CJP alleges delay in release of leaders, four sureties rejected storyline 1 The proceedings before the SEM primarily concerned only the alleged violation of a signed peace bond and not the criminal cases registered over the October 13 Jantar Mantar incident.

What is a peace bond? Section 126 of the BNSS allows an Executive Magistrate to require a person to execute a peace bond for up to one year to prevent breach of peace. According to Section 135, the Magistrate conducts an inquiry into the information received. In certain circumstances, they can also order a person to provide security while the inquiry is pending and record the reasons in writing.

In case of a breach of a peace bond, the Magistrate may order that the person be arrested or detained for the remaining period of the bond. This is dealt with under section 141(1)b. In the present case, the SEM proceedings concern allegations that Mr. Das and Mr. Ranka breache…