Madras HC questions validity of deeming Deputy Commissioners of Police in TN as "Executive Magistrate", giving them judicial, jailing power

The Court added that there are umpteen ways to boost the maintenance of law and order without the police having to imprison people by resorting Executive Magistrate powers under Section 122, CrPC.
Madras HC questions validity of deeming Deputy Commissioners of Police in TN as "Executive Magistrate", giving them judicial, jailing power
Justice PN Prakash, Madras HC

Can deputy commissioners of police be appointed as "Executive Magistrates" under the CrPC, which contains provisions allowing Executive Magistrates to exercise certain judicial powers, when there is a statutory bar on policemen from exercising "judicial" powers under the District Police Act, 1859?

Justice PN Prakash of the Madras High Court recently deliberated on this question, recounting in some detail the history of the law and its intent, before opining that deputy commissioners of police cannot be permitted to act as Executive Magistrates under the Code of Criminal Procedure (CrPC).

However, given a contrary ruling by another coordinate Bench of the Madras High Court in Balamurugan vs. State, Justice Prakash has now placed the matter for an authoritative pronouncement by a larger Bench.

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