Army can do whatever in magisterial capacity
September 18, 20242 Mins Read

Jumbangla Desk: Commissioned officers of the Bangladesh Army have received the power of executive magistrate for the next two months. This information was informed in a notification signed by Jeti Pru, senior assistant secretary of the Ministry of Public Administration, on the order of the President on Tuesday (September 17). Army officers have been given this power for the next 60 days from the date of issue of the notification.

Offenses under sections 64, 65, 83, 84, 86, 95(2), 100, 105, 107, 109, 110, 126, 127, 128, 130, 133 and 142 of the 'Code of Criminal Procedure, 1898' are authorized by officers of the Army Executive Magistrate. It has been informed in the notification that it can be taken into consideration.

The powers of an Executive Magistrate under these sections of the Act are-

Section 64 : Power to arrest or order the arrest and custody of a person committing an offense in the presence of a Magistrate.

Section 65 : Power to arrest or direct arrest in his presence for which he may issue warrant of arrest.

Section 83/84/86 : Power to sanction warrant or order removal of accused person arrested under warrant.

Section 95(2) : Power of search and seizure by postal and telegraph authorities for documents etc.

Section 100 : Power to issue search-warrants for production of wrongfully detained persons.

Section 105 : Power to direct search, he (authorized person) may issue search warrant for search at any place in his presence.

Article 107 : Powers of security necessary to maintain peace.

Section 109 : Power to require security for good behavior of vagrants and suspects.

Article 110 : Security is a necessary power of good conduct.

Section 126 : Power to dispose of bail.

Section 127 : Power to order to disperse unlawful assembly.

Section 128 : Power to use civil force to disperse unlawful assembly.

Article 130 : Power to use military force to disperse unlawful assembly.

Section 133 : Power to issue orders as special measures to control local nuisances.

Section 142 : Power to issue orders as immediate measures in case of public nuisance.

In addition to the said powers, any Executive Magistrate is empowered under the Mobile Courts Act, 2009 to operate Mobile Courts by the Government as well as the District Magistrate in the respective jurisdiction.

Under this Act the Executive Magistrate can take cognizance of offenses committed in his presence or offenses disclosed to him or her on the spot. After the confession of the accused , the Magistrate can punish the offender as per the relevant law. But in case of imprisonment it shall not exceed two years.