Odisha SPs, DIGs, and IGs get special executive magistrate powers under BNSS

The Odisha government has granted executive magistrate powers to Superintendents of Police (SPs), Deputy Inspectors General (DIGs), and Inspectors General (IGs) under the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS).

A notification issued by the Home Department on Thursday designates these officers as special executive magistrates within their jurisdictions, enabling faster decision-making during law-and-order crises, preventive arrests, or prohibitory orders without relying on revenue officials.

Breaking Bureaucratic Barriers

Previously, only senior Revenue and Disaster Management Department officers held executive magistrate authority. This caused delays, as police needed their approval for urgent actions like securing bonds from suspects or imposing curbs. As such, the move eliminates dependency on external departments, ensuring immediate executable orders.

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Key BNSS Provisions:

The BNSS empowers police to act under five critical sections:

1. Section 126: Preventive arrests to avert public disturbances.

2. Section 127: Securing bonds for good behavior.

3. Section 128: Action against individuals planning serious offences.

4. Section 129: Security bonds from habitual offenders.

5. Section 163: Imposing prohibitory orders (e.g., curfews).

DIGs/IGs across Odisha’s seven police ranges can enforce Section 163, while SPs and commissioners in Bhubaneswar-Cuttack handle all five sections.

Examples of Past Challenges

Data highlights systemic inefficiencies under the old system:

1. Between 2021–23, Rourkela police sought action against 280 habitual offenders via revenue magistrates; only 31 faced consequences.

2. In 1,100 land dispute cases requiring bonds (under CrPC Section 107), action was taken against just 130 individuals.

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Why The New Empowering Matters

The reform aims to curb procedural delays, enhance public safety, and strengthen police authority. By decentralising executive magistrate powers, Odisha seeks to address longstanding gaps in crime prevention, particularly in volatile situations requiring urgent intervention.