The story so far: A Special Executive Magistrate (SEM) court in Delhi accepted the sureties and granted bail to Cockroach Janta Party (CJP) activists Saurav Das and Ashutosh Ranka on Wednesday (October 21, 2026).
Despite the Delhi Police seeking a three-day extension of custody on law-and-order grounds, Assistant Commissioner of Police Ritu Raj, who presided over the proceedings, ordered their release. CJP activists had challenged the legality of their continued detention. The case has brought into focus the roles and powers of SEMs and their differences from judicial magistrates and their authority to impose preventive measures.
Who is a Special Executive Magistrate?
State governments appoint SEMs for specific areas or purposes and give them the powers exercised by the Executive Magistrates under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. It is dealt under Section 15.
While Executive Magistrates perform continued administrative and preventive functions, SEMs are appointed for a specified period, area or function, such as particular situations that require preventive action or maintenance of public order. Their powers also depend on the authority conferred on them by the State Government.
What is the function of SEMs?
The powers of SEMs are intended to allow authorities to intervene when there is a likelihood of disturbance rather than responding after the offence has occurred. They maintain public order and prevent breaches of peace by performing preventive and administrative functions.
The executive magistrate can require a person who is likely to cause a breach of peace or disturb public tranquillity to show cause why they should not execute a bond to keep the peace. So, depending on the circumstances, they may be required to furnish a bond for a specified period. It is subject to the procedure established by law. This is dealt under Section 126 of the BNSS.
Executive Magistrates can also exercise powers under Section 163 of the BNSS to issue urgent orders in case of nuisance or apprehended danger. It is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray.
Preventive arrest can be made by police officers when necessary to prevent the commission of a cognisable offence that cannot otherwise be prevented, according to Section 170 of the BNSS. This is a police power, not exclusively that of SEMs.
The police initiated a preventive proceeding against the CJP activists, alleging that they had breached peace bonds that they had signed. SEM extended their custody on Oct 19, citing concerns about public peace. Later on Wednesday, their sureties were accepted, and they were released on an undertaking not to call for protests at Jantar Mantar while it remained a denotified protest site.
The proceedings before the SEM primarily concerned only the alleged violation of a signed peace bond and not the criminal cases registered over the October 13 Jantar Mantar incident.
What is a peace bond?
Section 126 of the BNSS allows an Executive Magistrate to require a person to execute a peace bond for up to one year to prevent breach of peace.
According to Section 135, the Magistrate conducts an inquiry into the information received. In certain circumstances, they can also order a person to provide security while the inquiry is pending and record the reasons in writing.
In case of a breach of a peace bond, the Magistrate may order that the person be arrested or detained for the remaining period of the bond. This is dealt with under section 141(1)b.
In the present case, the SEM proceedings concern allegations that Mr. Das and Mr. Ranka breached their earlier peace bond through actions at the Jantar Mantar. The question is whether the alleged breach is further justified by law.
How are they different from judicial magistrates?
According to section 9 of the BNSS, it provides for the establishment of courts of Judicial magistrates of the first and second classes. For that, the State government determines the number and location of these courts. Presiding officers are also appointed by the High Court.
Judicial magistrates form part of the judicial system and deal with criminal cases, including remand proceedings, bail applications and trials. They are independent and impose sentences permitted by law.
SEMs are limited to administrative functions and cannot conduct criminal trials or convict people through these proceedings. They are also authorised to release or grant police or judicial remand.
Can the actions of a Special Executive Magistrate be reviewed by courts?
Yes, SEMs’ actions are subject to judicial review and administrative oversight to ensure legality and that the rights of citizens are protected.
Their order can also be challenged before the appropriate court or authority depending on the nature of the order and remedy available.