With reference to the office of Special Executive Magistrates (SEMs) in India, consider the following statements —
- SEMs are appointed by the High Courts of the respective states and are part of the judicial system.
- The primary function of an SEM is to conduct criminal trials and impose sentences for offences within their jurisdiction.
- The Delhi Police Act empowers the Central Government to authorise certain police officers to exercise powers of an Executive Magistrate in the National Capital Territory of Delhi.
Select the correct codes from below
Explanation - State governments appoint SEMs for specific areas, periods, or purposes, granting them powers of Executive Magistrates under Section 15 of the BNSS (Bharatiya Nagarik Suraksha Sanhita), 2023. In Delhi, the Delhi Police Act empowers the Centre to authorise the Police Commissioner and officers not below ACP rank to exercise district/executive magistrate powers. Key Distinction — Executive Magistrates/SEMs function under the government, performing administrative and preventive roles. Their career progression depends on executive superiors, not the judiciary. Judicial Magistrates (BNSS Section 9) are appointed by High Courts, form part of the judicial system, and can conduct trials, grant bail, and impose sentences. SEMs cannot conduct criminal trials or convict — their role is strictly preventive, aimed at intervening before a disturbance occurs rather than punishing after an offence.
Explanation - State governments appoint SEMs for specific areas, periods, or purposes, granting them powers of Executive Magistrates under Section 15 of the BNSS (Bharatiya Nagarik Suraksha Sanhita), 2023. In Delhi, the Delhi Police Act empowers the Centre to authorise the Police Commissioner and officers not below ACP rank to exercise district/executive magistrate powers. Key Distinction — Executive Magistrates/SEMs function under the government, performing administrative and preventive roles. Their career progression depends on executive superiors, not the judiciary. Judicial Magistrates (BNSS Section 9) are appointed by High Courts, form part of the judicial system, and can conduct trials, grant bail, and impose sentences. SEMs cannot conduct criminal trials or convict — their role is strictly preventive, aimed at intervening before a disturbance occurs rather than punishing after an offence.