Section 23 of CrPC : Section 23: Subordination of Executive Magistrates.

CrPC

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Explanation using Example

Example 1:

Scenario: A public protest is planned in a sub-division of a district.

Application of Section 23:

  • The Executive Magistrate in charge of the sub-division receives information about the protest and decides to impose Section 144 of the Code of Criminal Procedure, 1973, which prohibits the assembly of five or more people.
  • The Sub-divisional Magistrate (SDM) reviews the decision and finds it appropriate, thus endorsing the order.
  • The District Magistrate (DM), who has overarching control, reviews the situation and decides that the protest could be managed without imposing Section 144. The DM then issues a special order to the Executive Magistrate to withdraw the Section 144 order and instead deploy additional police forces to manage the protest.

Explanation: This example shows how the Executive Magistrate is subordinat...

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