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SCHEDULE III |
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(See section 36) |
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ORDINARY POWERS OF MAGISTRATES
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I.
Ordinary Powers of a Magistrate of the Third Class |
(1) |
Power to
arrest or direct the arrest of, and to commit to custody,
a person committing an offence in his presence, section
64. |
(2) |
Power to arrest, or direct
the arrest in his persence of, an offender section 65. |
(3) |
Power to endorse a warrant,
or to order the removal of an accused person arrested
under a warrant, sections 83, 84, and 86. |
(4) |
Power to issue proclamations
in eases judicially before him, section 87. |
(5) |
Power to attach and sell
property and to dispose of claims to attached property
in cases judicially before him, section 88. |
(6) |
Power to restore attached
property, section89. |
(7) |
Power to require search
to be made for letters and telegrams, section 95. |
(8) |
Power to issue search
- warrant, section 96. |
(9) |
Power to endorse a search
- warrant order delivery of thing found, section 99. |
(10) |
Power to command unlawful
assembly to disperse, section 127. |
(11) |
Power to use civil force
to disperse unlawful assembly, section 128. |
(12) |
Power to require military
force to be used to disperse unlawful assembly section
130. |
(13) |
* * * |
(14) |
Power to authorize detention,
not being detention in the custody of the police of a
person during a police investigation, section 167. |
(14a) |
Power to postpone issue
of process and inquire into case himself section 202. |
(15) |
Power to deatin an offender
fund in Court, section 351. |
(16) |
* * * |
(17) |
Power to apply to District
Magistrate to issue commission for examination of witness,
section 506. |
(18) |
Power to recover forfeited
bond for appearance before Magistrate's Court, section
514, and to require fresh security, section 514 A. |
(18a) |
Power to make order as
to custody and disposal of property pending inquiry or
trial, section 516 A. |
(19) |
Power to make order as
to disposal of property, section 527. |
(20) |
Power to sell property
of a suspected character, section 525. |
(21) |
Power to require affidavit
in support of application, section 539 A. |
(22) |
Power to make local inspection,
section 539 B. |
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II, - Ordinary
Powers of a Magistrate of the Second Class. |
(1) |
The ordinary power of
a Magistrate of the third class. |
(2) |
Power to order the police
to invetigate an offence in cases in which the Magistrate
has jurisdiction to try or commit for trial, section 155. |
(3) |
Power to postpone issue
of process and to inquier into a case or direct investigation
section 202. |
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III, -
Ordinary Powers of a Magistrate of the First Class. |
(1) |
The ordinary powers of
a Magistrate of the second class. |
(2) |
Power to issue search-warrant
otherwise than in cours of an inquiry, section 98. |
(3) |
Power to issue search-warrant
for discovery of persons wrongfully confined, section
100. |
(4) |
Power to require security
to keep peace, section 107. |
(5) |
Power to require security
for good behaviour, section 109. |
(6) |
Power to discharge sureties,
section 126. |
(6a) |
Power to make orders
as to local nuisances, section 133. |
(7) |
Power to make orders,
etc., in possession cases, sections 145, 146 and 147. |
(7a) |
Power to record statements
and confessions during a police investigatjion, section
164. |
(7aa) |
Power to authrized detention
of a person in the custody of the police during a police
investigation, section 167. |
(7b) |
Power to hold inquests,
section 174. |
(8) |
Power to commit for trial,
section 206. |
(9) |
Power to stop preceedings
when no complaint, section 149. |
(9a) |
Power to tender pardon
to accomplice during inquiry into case by himself, section
337. |
(10) |
Power to make orders
of maintenance, sections 488 and 489. |
(11) |
Power to take evidence
on commission, section 503. |
(12) |
Power to recover penalty
on forfeited bond, section 514. |
(12a) |
Power to require fresh
security, section 514 A. |
(12b) |
Power to re-call case
made over by him to another Magistrate, section 528 (4). |
(13) |
Power to make order as
to first offenders, section 562. |
(14) |
Power to order released
convicts to notify residence, section 565. |
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IV, - Ordinary
Powers of a Sub-divisional Magistrate appointed under
section 13. |
(1) |
The ordinary powers of
a Magistrate of the first class. |
(2) |
Power to direct warrants
to land holders, section 78. |
(3) |
Power to require security
for good behaviour, section 110. |
(4) |
* * * |
(5) |
Power to make orders
prohibiting repetitions of nuisances, section 143. |
(6) |
Power to make orders
under section 144. |
(7) |
Power to depute subordinate
Magistrate to make local inquiry, section 148. |
(8) |
Power to order police
investigation into cognizable case, section 156. |
(9) |
Power to receive report
of police - office and pass order, section 173 |
(10) |
* * * |
(11) |
Power to issue process
for person within local jurisdiction who has committed
an ofence outside the local jurisdiction, section 186. |
(12) |
Power to entertain complaints,
section 190. |
(13) |
Power to receive police
reports, section 190. |
(14) |
Power to entertain cases
without complaint, section 190. |
(15) |
Power to transfer cases
to a subordinate Magistraate, sectjion 192. |
(16) |
Power to pass sentence
on proceedings recorded by a subordinate Magistrate, section
349. |
(17) |
Power to forward record
of inferior court to District Magistrate, section 435(2). |
(18) |
Power to sell property
alleged or suspected to have been stolen, etc., section,
524. |
(19) |
Power to withdraw
cases other than appeals, and to try or refer them for
trial, section 528. |
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V. Ordinary
Power sof a District Magistrate |
(1) |
The ordinary powers of
a Sub-divisional Magistrate. |
(2) |
Power to require delivery
of letters, telegrams, etc., section 95. |
(3) |
Power to issue search-warrants
for documents in custody of postal or telegraph authority,
section 96. |
(4) |
Power to requier security
for good behaviour in case of sedition, section 108. |
(5) |
Power to discharge persons
bound to keep the peace or to be of good behaviour, section
124. |
(6) |
Power to cancel bound
for keeping the peace, section 125. |
(6a) |
Power to order preliminary
investigation by police-officer not below the rank of
Inspetor in certain cases, section 196B. |
(7) |
Power to try summarily,
section 260. |
(7a) |
Power to tender pardon
to accomplice at any stage of a case, section 337. |
(8) |
Power to quash conviction
in certain cases, section 350. |
(9) |
Power to hear appeals
from orders requiring security for keeping the peace or
good behaviour, section 406. |
(9a) |
Power to hear appeals
from orders of Magistrates refusing to accept or rejecting
sureties, section 406A. |
(10) |
Power to hear or refer
appeals from convictions by Magistratesof the second and
third classes, section 407. |
(11) |
Power to call for records,
section 435. |
(12) |
Power to order inquiry
into complaint dismissed or case of accused discharged,
section 436. |
(13) |
Power to order commitment,
section 437. |
(14) |
Power to report case
to High Court, section 438. |
(15) |
(16) * * * |
(17) |
Power to appoint person
to be public prosecutor in particular case, section 492
(2). |
(18) |
Power to issue commission
for examination of witness, section 503, 506. |
(19) |
Power to hear appeals
from or revise orders passed under sections 514, 515. |
(20) |
Power to compel restoration
or abducted female, section 552. |
