Patna. The state government has taken important steps to further strengthen law and order during festivals in Bihar. To maintain peace and order during the fair and procession, some senior police officers have been given the powers of Special Executive Magistrate.
With this decision of the government, the concerned officials will get more powers to take preventive action on the spot. A notification in this regard has been issued by the Reserve Branch of the Home Department. This system will be especially effective on those occasions when a large number of people participate in religious events, processions and fairs.
Which police officers got the authority?
Apart from the IG and DIG posted in the range and area, the powers given by the government have been given to the SSP, SP, City SP and Rural SP working in the districts. However, rural SPs associated with railways have not been included in this system. These officers will be allowed to exercise certain legal powers as Special Executive Magistrates in their assigned jurisdiction.
Will be able to take action during festivals
These powers can be used to maintain law and order in processions and fairs organized during major festivals. These include events like Saraswati Puja, Holi, Ramnavmi, Durga Puja, Diwali, Eid, Bakrid, Muharram, Kali Puja, Chhath Puja and Shab-e-Barat. Due to large crowd on these occasions, there is a possibility of tension or dispute arising. This power can be helpful in helping police officers take pre-emptive measures in such cases.
Will get power under the sections of BNSS
Police officers have been given the powers of a Special Executive Magistrate under Chapter 9 of the Indian Civil Security Code (BNSS), 2023. This provision applies to sections 125 to 143. Under these sections, preventive action can be taken like making a person submit a bond or surety to maintain peace. Its purpose is to control any potential dispute or peace breaking situation before it becomes serious.
Pre-emptive action on fear of breach of peace
An important aspect of the new power is that police officers will not be limited to taking action only after the incident occurs. If a person is suspected of causing a breach of the peace or is considered likely to commit a repeat offence, preventive measures may be taken under the procedure laid down in law. Specifically, under sections 126 to 129, there is a provision for taking surety or bond from persons suspected of disturbing the peace, those involved in suspicious activities or habitual criminals.
Provision also in case of convicted person
Rights relating to the demand for a security bond to keep the peace in the event of a person being convicted of a crime are also set out in the law. Under Section 125, the right to take such action has been given to the concerned judicial authority. Whereas, in other circumstances the role of the Executive Magistrate is important. The new decision of the government is expected to improve coordination between police and magistrate level actions.