SPECIAL EXECUTIVE MAGISTRATE (SEM)

News: SEMs’ powers came into focus after the judicial custody and release of political leaders.

ABOUT

  • Appointment: State Government can appoint an officer of at least Superintendent of Police rank or equivalent as an SEM under Section 15 of BNSS, 2023.
  • Tenure: Determined by the State Government.
  • Powers: Government specifies the Executive Magistrate powers conferred on the officer.

Important BNSS Sections

  • Section 126: Security for keeping peace.
  • Section 136: Security for good behaviour.
  • Sections 140–141: Provisions relating to sureties and imprisonment.
  • Section 163: Orders to prevent urgent cases of nuisance or apprehended danger; corresponding broadly to Section 144 CrPC.
  • Section 170: Preventive arrest by police to prevent commission of certain cognizable offences; detention under this provision cannot exceed 24 hours.