Bhubaneswar: Policing has received a shot in the arm after the government bestowed powers of the executive magistrate on SPs, DIGs and IGs in the state under the newly-enacted Bharatiya Nagarik Suraksha Sanhita (BNSS).
A notification in this effect signed by the additional chief secretary was issued on Thursday by the Home department. Invoking section 15 of BNSS, the notification appointed SPs, DIGs and IGs as special executive magistrates in their respective jurisdiction.
Prior to this, the powers of the executive magistrate were only vested with senior-level officers of the Revenue and Disaster Management department. With this, police no more have to depend on revenue officials and get executable order immediately in matters of urgent enforcement during law and order situation, preventive arrest or seeking bonds.
Accordingly, all the SPs in Odisha along with the commissioner and deputy commissioner of police for Bhubaneswar and Cuttack would have additional power as special executive magistrate for matters under sections 126, 127, 128, 129 and 163 of BNSS. Similarly, the DIGs/IGs of Central, Eastern, Western, Northern, North-Central, Southern and South-Western police ranges have been vested with the special executive magistrate powers under section 163 of BNSS to impose prohibitory orders.
Section 126 of BNSS deals with preventive arrest for potential breach of peace or tranquillity. Section 127 empowers the executive magistrate to seek bonds for good behaviour. Similarly, section 128 allows action against person laying in wait to commit cognisable offence. Section 129 allows asking for security for good behaviour from habitual offenders, while section 163 deals with imposition of prohibitory orders.
Reliable sources said during 2021-22 and 2022-23, the IICs of different police stations in Rourkela had sent applications to Panposh and Bonai sub-collectors to apply the power of executive magistrate against around 280 habitual offenders. However, action could be taken against only 31 offenders during the period.
In instances of seeking bonds under section 107 of CrPC, mostly in land dispute cases among neighbours and relatives, Rourkela police had sent about 1,100 applications to the executive magistrates concerned. Action could be taken against hardly 130 persons.
The additional power of the executive magistrate to police would ensure faster action and enhance police efficiency. It would also give more teeth to police to act against habitual offenders. In matters of imposition of prohibitory orders during escalating law and order situation, police would not have to rely on external force and can take urgent action, a SP said.