Special Powers Act, 1974

Executive Magistrate (Bengali: নির্বাহী ম্যাজিস্ট্রেট) is the Magistrate of the executive organ of the People's Republic of Bangladesh. The members of the Bangladesh Civil Service (Administration) are the Executive Magistrates. They usually exercise vast executive and limited judicial power in their respective jurisdiction. They have been vested power under various sections of the Code of Criminal Procedure (CrPC),1898; Penal Code,1860; Police Regulation,1943 and many others Criminal Acts. Executive Magistrates of Bangladesh are empowered to conduct Mobile Court (Section-5; The Mobile Court Act, 2009) for controlling law and order situation and for ensuring social justice by curving various social problems like food adulteration, eve teasing, narcotics controlling and eviction against illegal occupation of government property.

According to the section-10(6)of the Code of Criminal Procedure (CrPC),1898; members of Bangladesh Civil Service(Administration), who are in the capacity of Assistant Commissioner (AC), Upozila Nirbahi Officer (UNO) and Additional Deputy Commissioners(ADC); shall be Executive Magistrate and may exercise the power of Executive Magistrate within their existing respective local areas.Beside this, according to the provision of the section-10(5) of CrPC,1898; The Government may, if it thinks expedient or necessary, appoint any persons employed in the Bangladesh Civil Service (Administration) to be an Executive Magistrate and confer the powers of an Executive Magistrate on any such member.

In every Administrative District, there are following Executive Magistrates:-

(a) District Magistrate (DM): In every district and in every Metropolitan Area, the Government shall appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

(b) Additional District Magistrate (ADM):The Government may also appoint any Executive Magistrate to be an Additional District Magistrate, and such Additional District Magistrate shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force, as the Government may direct.

(c) Additional Deputy Commissioner(ADC): All the ADC's in the district are Executive Magistrate.

(d) Upazila Nirbahi Officer (Sub-District/Upazilla Executive Officer)