State policing received a boost after the state government granted powers of the executive magistrate to SPs, DIGs and IGs under the newly-enacted Bharatiya Nagarik Suraksha Sanhita (BNSS).
A notification in this regard, signed by the Additional Chief Secretary, was issued on 6th March by the state Home department. Invoking section 15 of BNSS, the notification appoints SPs, DIGs and IGs as special executive magistrates in their respective jurisdiction.
Earlier, the powers of the executive magistrate were vested with senior officers of the Revenue and Disaster Management department only. Now the police no more have to depend on Revenue officials and get executable order immediately for urgent enforcement during law and order situation, preventive arrest or seeking bonds.
According to the notification, all the SPs in the state along with the commissioner and deputy commissioner of police for Bhubaneswar and Cuttack would have additional power as special executive magistrate for matters under sections 126, 127, 128, 129 and 163 of BNSS. The DIGs/IGs of Central, Eastern, Western, Northern, North-Central, Southern and South-Western police zones have been vested with the special executive magistrate powers under section 163 of BNSS to impose prohibitory orders.
It is to be noted that Section 126 of BNSS deals with preventive arrest for potential breach of peace or tranquillity whereas Section 127 empowers the executive magistrate to seek bonds for good behaviour. Section 128 allows action against person laying in wait to commit cognisable offence while Section 129 allows asking for security for good behaviour from habitual offenders and Section 163 deals with imposition of prohibitory orders.
According to reliable sources, during 2021-22 and 2022-23, the IICs of different police stations in Rourkela had urged Panposh and Bonai sub-collectors to apply the power of executive magistrate against around 280 habitual offenders but action was taken against only 31 of them.
