What are the powers and functions of Special Executive Judges?

Story so far: The Special Executive Magistrate’s Court (SEM) in Delhi on Wednesday (October 21, 2026) accepted sureties and granted bail to Cockroach Janta Party (CJP) activists Saurav Das and Ashutosh Rank.

Although the Delhi Police sought a three-day extension of their remand on law and order grounds, Deputy Commissioner of Police Ritu Raj, who presided over the proceedings, ordered their release. CJP activists questioned the legality of their continued detention. The case focused on the roles and powers of SEMs and how they differ from Magistrates’ Courts and their power to impose preventive measures.

Who is the Special Executive Judge?

State governments appoint SEMs for specific areas or purposes and confer powers exercisable by Executive Magistrates under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This is dealt with in Section 15.

While executive magistrates perform ongoing administrative and preventive functions, SEMs are appointed for a specific period, area or function, such as specific situations that require preventive measures or the maintenance of public order. Their powers also depend on the power granted to them by the state government.

What is the function of SEM?

SEM powers are intended to allow authorities to intervene if there is a likelihood of a breach, rather than reacting after a breach has occurred. They ensure public order and prevent disturbances of the peace by performing preventive and administrative functions.

The Executive Magistrate may require a person who is likely to cause a breach of the peace or disturb the public peace to show cause why he should not be committed to keep the peace. So, depending on the circumstances, they may be required to provide a bond for a certain period of time. It is subject to the procedure established by law. This is dealt with in § 126 BNSS.

Executive magistrates can also exercise powers under Section 163 of the BNSS to issue emergency orders in cases of harassment or apprehended danger. Likely to prevent, or tend to prevent, obstruction, harassment or injury to any person lawfully employed, or danger to human life, health or safety, or disturbance of the public peace or disturbance or affray.

Preventive detention can be carried out by the police if it is necessary to prevent the commission of a cognizable crime that cannot be prevented otherwise, according to § 170 BNSS. This is a police power, not exclusively SEM.

The police have initiated preventive proceedings against the CJP activists, saying they violated the peace pacts they had signed. The SEM extended their detention on October 19, citing public peace concerns. Later on Wednesday (October 21), their sureties were accepted and they were released on an undertaking not to call for protests at Jantar Mantar as long as it remains a designated protest site.

The proceedings before the SEM primarily related only to the alleged violation of the signed peace pact, not the criminal cases registered in connection with the Jantar Mantar incident of 13 October.

What is a peace bond?

Section 126 of the BNSS allows an executive Magistrate to require a person to be committed to a bond of peace for up to one year to prevent a breach of the peace.

According to § 135, the municipality will conduct an investigation of the information received. In certain circumstances, they may also order a person to provide security while an investigation takes place and record the reasons in writing.

In the case of a breach of bail, the magistrate can order that the person be arrested or detained for the remainder of the bail. This is dealt with in § 141 paragraph 1 letter

In this case, the SEM proceedings relate to allegations that Mr. Das and Mr. Ranka broke their earlier peace bond by meeting at Jantar Mantar. The question is whether the alleged violation is further justified by law.

How are they different from court magistrates?

Pursuant to Section 9 of the BNSS, it provides for the establishment of courts of magistrates of the first and second class. For this purpose, the State Government determines the number and location of these courts. The presidents are also appointed by the High Court.

Magistrates are part of the court system and deal with criminal cases, including custodial proceedings, bail applications and trials. They are independent and impose penalties authorized by law.

SEMs are limited to administrative functions and cannot conduct criminal proceedings or convict people through such proceedings. They are also empowered to release or grant police or judicial custody.

Can the actions of the Special Executive Judge be reviewed by the courts?

Yes, SEM proceedings are subject to judicial review and administrative oversight to ensure legality and protection of citizens’ rights.

Their order can also be challenged in a competent court or authority depending on the nature of the order and the remedy available.

Published – 22 Oct 2026 12:47 IST