New Delhi: The release of Cockroach Janta Party activists Saurav Das and Ashutosh Ranka by a Special Executive Magistrate court in Delhi has brought renewed attention to the authority and functions of Special Executive Magistrates. Despite a police request for an extension of custody, Assistant Commissioner of Police Ritu Raj, presiding over the proceedings, ordered their release after accepting sureties. This case highlights how these magistrates operate under the legal framework and how their responsibilities differ from those of judicial magistrates.
State governments appoint Special Executive Magistrates for specific regions, durations, or targeted functions, granting them the powers typically exercised by Executive Magistrates under the Bharatiya Nagarik Suraksha Sanhita, 2023. Governed by Section 15 of the BNSS, these officials handle administrative and preventive tasks designed to intervene when public disturbances are likely, rather than reacting after an offense has occurred. Their authority depends heavily on the specific powers conferred upon them by the state government.
The primary mandate of these magistrates is to maintain public order and prevent breaches of the peace. Under Section 126 of the BNSS, an executive magistrate can require individuals likely to cause a disturbance to show cause why they should not execute a bond to keep the peace. Furthermore, Section 163 empowers them to issue urgent orders addressing immediate nuisances or apprehended dangers to human life, health, safety, or public tranquility. While police officers possess independent powers of preventive arrest under Section 170 to stop cognizable offenses, magistrate proceedings often focus on the enforcement or alleged violation of signed peace bonds.
A peace bond is a formal agreement requiring an individual to guarantee good behavior for up to one year. Under Section 135, magistrates conduct inquiries into information received and may demand interim security while an inquiry is ongoing. If a breach of the bond occurs, Section 141 permits the magistrate to order the arrest or detention of the individual for the remainder of the bond period. In the case involving the CJP activists, proceedings centered on allegations that they violated earlier peace bonds during incidents at Jantar Mantar.
Special Executive Magistrates differ fundamentally from judicial magistrates established under Section 9 of the BNSS. While judicial magistrates belong to the formal judicial system, handling criminal trials, remand proceedings, independent sentencing, and standard bail applications, Special Executive Magistrates are restricted to administrative and preventive functions. They cannot conduct criminal trials or issue criminal convictions through their proceedings, though their decisions remain subject to judicial review and administrative oversight to guarantee legality and protect civil liberties.