The judiciary's vision to maintain autonomy for better
administration of justice has been voiced and well represented in the
Code of Criminal Procedure, as well as in its classification of magistrates
into two types: Executive Magistrates and Judicial Magistrates. Section
3(4) of the CrPC draws a distinction between the functions of an executive
magistrate and those of the Judicial Magistrates. Judicial Magistrates are
responsible for delivering verdicts, pronouncing punishments, penalties, or
detention, and examining the evidence during the investigation process.
cancellation of licenses fall under the purview of the executive magistrate's
role. The functions of an executive magistrate are primarily limited to
administrative matters, taking preventive measures, and issues
concerning the maintenance of law and order.
In accordance with the Code of Criminal Procedure, 1973,