Sub-Divisional Magistrate
Encyclopedia
A Sub-Divisional Magistrate is a title sometimes given to the head official of a country subdivision, an administrative unit that is sometimes below the level of district
, depending on a country's government structure.
In India
, a sub-divisional magistrate
has several executive and magisterial roles to play under Criminal Procedure Code 1973, as well as several other minor acts.
Sub Divisional Magistrate has to do various kinds of jobs like registration of marriage under Special Marriage Act 1954.
Also under Criminal procedure Code—in case of any unnatural death—the executive magistrate of the area in which the unnatural death of a human being has occurred or the sub divisional magistrate of that area has to inquire into the cause of unnatural death under Section 174 of the code of criminal procedure.
The contents of the Section 174 of code of criminal procedure are as follows: -
174. Police to inquire and report on suicide, etc.
(1) When the officer in charge of a police station or some other police officer specially empowered
by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offense, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighborhood shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of inquiry as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.
(2) The report shall be signed by such police officer and other persons, or by so many of them as
concur and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate.
(3) 1) When
(i) The case involves suicide by a woman within seven years of her marriage: or
(ii) The case relates to the death of a woman within seven years of tier marriage
in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or
(iii) The case relates to the death of a woman within seven years of her marriage and any case
relative of the woman has made a request in this behalf, or
(iv) There is any doubt regarding the cause of death; or
(v) The police officer for any other reason considers it expedient so to do, he shall, subject
to such rules as the State Government may prescribe in this behalf, forward the body, with a view
to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.
(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or
Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf' by the State Government or the District Magistrate.
District
Districts are a type of administrative division, in some countries managed by a local government. They vary greatly in size, spanning entire regions or counties, several municipalities, or subdivisions of municipalities.-Austria:...
, depending on a country's government structure.
In India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, a sub-divisional magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
has several executive and magisterial roles to play under Criminal Procedure Code 1973, as well as several other minor acts.
Sub Divisional Magistrate has to do various kinds of jobs like registration of marriage under Special Marriage Act 1954.
Also under Criminal procedure Code—in case of any unnatural death—the executive magistrate of the area in which the unnatural death of a human being has occurred or the sub divisional magistrate of that area has to inquire into the cause of unnatural death under Section 174 of the code of criminal procedure.
The contents of the Section 174 of code of criminal procedure are as follows: -
174. Police to inquire and report on suicide, etc.
(1) When the officer in charge of a police station or some other police officer specially empowered
by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offense, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighborhood shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of inquiry as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.
(2) The report shall be signed by such police officer and other persons, or by so many of them as
concur and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate.
(3) 1) When
(i) The case involves suicide by a woman within seven years of her marriage: or
(ii) The case relates to the death of a woman within seven years of tier marriage
in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or
(iii) The case relates to the death of a woman within seven years of her marriage and any case
relative of the woman has made a request in this behalf, or
(iv) There is any doubt regarding the cause of death; or
(v) The police officer for any other reason considers it expedient so to do, he shall, subject
to such rules as the State Government may prescribe in this behalf, forward the body, with a view
to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.
(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or
Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf' by the State Government or the District Magistrate.
See also
- Administrative divisionAdministrative divisionAn administrative division, subnational entity, or country subdivision is a portion of a country or other political division, established for the purpose of government. Administrative divisions are each granted a certain degree of autonomy, and are required to manage themselves through their own...
- Table of administrative country subdivisions by countryTable of administrative country subdivisions by countryThe table below indicates the types and, where known, numbers of administrative divisions used by countries and their major dependent territories...