Special Executive Magistrates remain Executive Magistrates and may exercise attached Code powers without separate conferral.

Section 21 of the Code of Criminal Procedure, 1973 is construed to mean that a Special Executive Magistrate remains an Executive Magistrate for the purposes of the Code and may exercise the powers attached to that office. The provision creates a distinct appointment mechanism for special areas or functions, while the latter part of the section permits additional powers to be conferred for the special task assigned. On that reading, the State Government was not required to confer the power under Section 107 separately, because the appointee already held the status of Executive Magistrate.

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Issues: Whether Special Executive Magistrates appointed under Section 21 of the Code of Criminal Procedure, 1973 are entitled to exercise the powers conferred by the Code on Executive Magistrates, and whether the State Government could validly confer on them the power under Section 107 of the Code.

Analysis: Section 21 authorises the State Government to appoint Executive Magistrates to be known as Special Executive Magistrates for particular areas or particular functions. The provision treats them as Executive Magistrates, albeit with a limited area of operation or limited term, and the power to appoint is distinct from the further power to confer additional powers suitable to the special function entrusted. The distinction between powers already attached to the office of Executive Magistrate and powers that are merely conferrable under the Code is recognised, but the provision must be construed purposively so as to make the appointment meaningful. The comparison with Sections 13(1) and 18(1), where only powers are conferred on persons not appointed as Magistrates, shows that Section 21 adopts a different structure because the appointee is already an Executive Magistrate. On that construction, Special Executive Magistrates do not cease to be Executive Magistrates and can exercise the powers conferred by the Code on Executive Magistrates.

Conclusion: Special Executive Magistrates can exercise the powers conferred by the Code on Executive Magistrates, and it was unnecessary for the State Government to confer the power under Section 107 separately.

Ratio Decidendi: A Special Executive Magistrate appointed under Section 21 of the Code of Criminal Procedure, 1973 remains an Executive Magistrate and is entitled to exercise the powers attached to that office, while the latter part of Section 21 authorises only additional conferral of powers for special functions.

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