Take a look at the essential events, concepts, terms, quotes, or phenomena every day and brush up your knowledge. Here’s your UPSC Current Affairs knowledge nugget for today on differences between Executive Magistrate and Judicial MagistrateThe detention of Cockroach Janta Party (CJP) leaders Ashutosh Ranka and Saurav Das, and a notice issued to All India Students’ Association (AISA) president Neha Bora, have brought the powers of Special Executive Magistrates (SEMs) into focus amid protests against the Special Intensive Revision (SIR) of electoral rolls.1. Ranka and Das were arrested on October 14 for allegedly breaching security and entering Jantar Mantar during the protests. On Monday, an SEM extended their custody by two days, taking the total to seven days.2. The order signed by SEM Ritu Raj, an ACP-rank officer with the Delhi Police, said that Ranka and Das’s conduct did not inspire “confidence”, that they have “no respect for law” and that they have habitually called for protests at a de-notified site. While being taken away, Das had termed the SEM a “police court” and said “there’s no justice”.3. Meanwhile, Neha has challenged a notice issued by another SEM, Mahesh Kumar Meena, asking her to show cause why she should not be required to execute a peace bond, citing the likelihood of a “breach of peace”.4. SEMs can exercise certain powers to prevent breaches of peace, but they cannot conduct trials. Courts have repeatedly questioned how these powers are exercised, flagging procedural violations and concerns over the impact on personal liberty.Who are SEMs and how are they different from judicial magistrates?5. EMs function under the government and do not exercise judicial powers. Their promotions, increments and seniority of services depend on their superiors within the Executive.Story continues below this ad6. Traditionally, EMs have been revenue or administrative officers. In the national capital, the Delhi Police Act empowers the central government to authorise the Police Commissioner and subordinate officers, not below the rank of ACP, to exercise powers of district and special executive magistrates.7. SEMs have limited powers, primarily relating to preventive measures to maintain public order.8. Judicial magistrates (JMs), on the other hand, are administered by the judiciary, that is high courts. They can conduct trials.9. Law Commission reports over the years have examined the extent of powers of JMs vis-a-vis executive magistrates, and if provisions requiring individuals to furnish bonds for good behaviour or initiating preventive proceedings should vest with the executive or the judiciary.10. While earlier reports favoured retaining these powers with the executive, the 41st Law Commission report in 1969 argued that preventive measures affect personal liberty and that the power should therefore vest exclusively with the judiciary, through JMs.11. In 2018, the Delhi High Court directed that the period of judicial custody under preventive arrest provisions must not exceed seven days at any one time. It also said “there must be a weekly review by the SEMs… of the need to continue detention”.Story continues below this ad (Infographic generated by AI)BEYOND THE NUGGET: What is preventive arrest? 1. Preventive arrest in India is a precautionary measure where police or executive magistrates detain an individual without a warrant, not for a crime already committed, but to stop an anticipated cognizable offence, breach of peace, or threat to public order.2. It is grounded in Article 22 of the Constitution, which requires producing the detained person before a magistrate within 24 hours (for police preventive arrests) and sets limits on extended executive detention.3. It is governed under provisions like Section 170 of the BNSS, which replaced the old Code of Criminal Procedure (CrPC), alongside Executive Magistrate powers under Section 126 of the BNSS.4. Preventive arrest and security provisions under the BNSS have roots in colonial law dating back to the Justices of Peace Act of 1361, enacted by the English Parliament during the late Middle Ages.Story continues below this ad5. The law empowered “justices of peace” to prevent “breach of peace” by restraining “offenders, rioters and all other barrators” or binding them with sureties of good behaviour.6. Their role had some parallels with that of special executive magistrates. The provisions subsequently found their way into India’s criminal procedure framework in 1861.7. They continued after Independence under the CrPC and were carried into the BNSS. The BNSS, enacted in 2023 and brought into force on July 1, 2024, replaced the CrPC.Post Read QuestionsWith reference to Judicial Magistrates and Executive Magistrates in India, consider the following statements:Story continues below this ad1. Judicial Magistrates and Executive Magistrates derive their respective powers under distinct provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023.2. An Executive Magistrate may conduct a criminal trial and convict an accused whenever the alleged offence involves a breach of public peace.3. The separation of judicial and executive functions is reflected in Article 50 of the Constitution of India.Which of the statements given above is/are correct?(a) 1 and 2 only(b) 1 and 3 only(c) 2 and 3 only(d) 1, 2 and 3Answer: (b)(Sources: CJP leaders’ custody extended again: Who are Special Executive Magistrates, why their powers are under scrutiny) Story continues below this ad Click here to read the UPSC Essentials magazine for October 2026. Share your views and suggestions in the comment box or write to us at manas.srivastava@indianexpress.com.Subscribe to our UPSC newsletter. Stay updated with the latest UPSC articles by joining our Telegram channel – Indian Express UPSC Hub, and follow us on Instagram and X