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