Question

Under Section 21 of Cr.PC Special Executive Magistrate may be appointed by

• A. Central Government
• B. High Court
• C. Supreme Court
• D. State Government

Hint:

Remember that the appointment of various types of Magistrates (Judicial and Executive) at the district level is generally done by state-level authorities. Judicial Magistrates are appointed by the High Court (Section 11), while Executive Magistrates are appointed by the State Government (Section 20 & 21).

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks about the appointing authority for a Special Executive Magistrate under the Code of Criminal Procedure, 1973.

Step 2: Detailed Explanation:
Chapter II of the CrPC deals with the constitution of criminal courts and offices.
Section 21 of the CrPC is titled "Special Executive Magistrates." It states:
"The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrates as it may deem fit."
The text of the section explicitly gives the power of appointment to the State Government. The appointment is for a specific term, area, or function.

Step 3: Final Answer:
A Special Executive Magistrate is appointed by the State Government.