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 the appointing authorities for different magistrates under Cr.PC: Judicial Magistrates are appointed by the High Court (Section 11), while Executive Magistrates are appointed by the State Government (Section 20). Special Executive Magistrates also fall under the State Government's purview.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The Code of Criminal Procedure, 1973 (Cr.PC) provides for different classes of Magistrates to exercise executive and judicial functions. Special Executive Magistrates are appointed for particular areas or for the performance of particular functions.

Step 2: Detailed Explanation:
Section 21 of the Cr.PC deals with the appointment of Special Executive Magistrates. The section reads:
"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."
This provision clearly vests the authority of appointment in the State Government.

Step 3: Final Answer:
As per Section 21 of the Cr.PC, a Special Executive Magistrate is appointed by the State Government.