SCHEDULE III: Schedule III

(See section 36) ORDINARY POWERS OF PROVINCIAL MAGISTRATES I. Ordinary Powers of a Magistrate of the Third Class (1) Power to arrest or direct the arrest of, and to commit to custody, a person committing an offence in his presence, section 64. (2) Power to arrest, or direct the arrest in his presence of, an offender, section 65. (3) Power to endorse a warrant, or to order the removal of an accused person arrested under a warrant, sections 83,84 and 86. (4) Power to issue proclamations in cases judicially before him, section 87. (5) Power to attach and sell property [and to dispose of claims to attached property] in cases judicially before him, section 88. (6) Power to restore attached property, section 89. (7) Power to require search to be made for letters and telegrams, section 95. (8) Power to issue search warrant, section 96. (9) Power to endorse a search warrant and order delivery of thing found, section 99. (10-12) [* * * * * * *] (13) [* * * * * * *] (14) Power to authorise detention [not being detention in the custody of the police] of a person during a police investigation, section 167. [(14a) Power to postpone issue of process and inquire into case himself, section 202;] (15) Power to detain an offender found in Court, section 351. (16) [* * * * * * *] (17) Power to apply to [Session Judge] to issue commission for examination of witness, section 506 (2). (18) Power to recover forfeited bond for appearance before Magistrate’s Court, section 514 [and to require fresh security, section 514A]. [(18a) power to make order as to custody and disposal of property pending inquiry or trial, section 516A;] (19) Power to make order as to disposal of property, section 517. (20) Power to sell [*] property of a suspected character, section 525. [(21) Power to require affidavit in support of application, section 539A;] [(22) Power to make local inspection, section 539B;] II. Ordinary Powers of a Magistrate of the Second Class (1) The ordinary powers of a Magistrate of the third class. (2) Power to order the police to investigate an offence in cases in which the Magistrate has jurisdiction to try or [send for trial to the Court of Session or the High Court], section 155. [(3) Power to postpone issue of process and to inquire into a case or direct investigation, section 202.] (4) [* * * * * * *] III. Ordinary Powers of a Magistrate of the First Class (1) The ordinary powers of a Magistrate of the second Class. [(1a) Power to direct warrant to land holders, etc., section 78. (1ab) Power to issue search warrant otherwise than in course of an inquiry, section 98.] (2) Power to issue search warrant otherwise than in course of an inquiry, section 98. (3) Power to issue search warrant for discovery of persons wrongfully confined, section 100. [(3a) Power to require security for keeping peace, section 107. (3ab) Power to require security for good behaviour from persons disseminating seditious matter, section 108. (3ac) Power to require security for good behaviour, section 109. (3ad) Power to require security for good behaviour from habitual offenders, section 110. (3ae) Power to discharge sureties, section 126. (3f) Power to acquire security, for un expired period of bond, section 126 A.] (4) Power to require security to keep the peace, section 107. (5) Power to require security for good behaviour, section 109. (6) Power to discharge sureties, section [126A]. [(6a) Power to make orders as to local nuisances, section 133;] [(6ab) Power to make order to prohibit repetition or continuance of public nuisance, section 143. (6ac) Power to make orders, etc., in possession cases, section 145,146 and 147.] (7) Power to make orders, etc., in possession cases, sections 145,146 and 147. [(7a) Power to record statements and confessions during a police investigation, section 164.] [(7aa) Power to authorise detention of a person in the custody of the police during a police investigation, section 167;] [(7b) Power to hold inquests, section 174;] (8) Power to commit for trial, section 206. [(8a) Power to hold inquests, section 174. (8ab) Power to take cognisance of offences, section 190.] (9) Power to stop proceedings when no complainant, section 249. (9a) [* * * * * * *] (10) [* * * * * * *] (11) Power to take evidence on commission, section 503. (12) Power to recover penalty on forfeited bond, section 514. [(12a) Power to require fresh security, section 514A.] [(12ab) Power to dispose property where no claimant, section 524. (12b) [* * * * * * *] (13) Power to make order as to first offenders, section 562. [(14) Power to order released convicts to notify residence, section 565.] IV. Ordinary Powers of a Subdivisional Magistrate appointed under section 13 [Omitted] V. Ordinary Powers of a District Magistrate [Omitted]

Effective date: 1898-07-01

Related sections