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CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Section 14: Executive Magistrates

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) In every district, the State Government may appoint as many persons as itthinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

(2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Sanhita or under any other law for the time being in force as may be directed by the State Government.

(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Sanhita on the District Magistrate.

(4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate.

(5) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.

(6) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 7 of our papers cite Section 14. Try these from the free papers:

  1. 1. Consider the following statements regarding Executive Magistrates under Section 14 of the BNSS: 1. The State Government may appoint any Executive Magistrate to be an Additional District Magistrate with such of the powers of a District Magistrate as it may direct. 2. When the office of District Magistrate falls vacant and an officer temporarily succeeds to the executive administration of the district, he cannot exercise the District Magistrate's powers under the Sanhita until the State Government passes orders. 3. The State Government may delegate to the District Magistrate its power to place an Executive Magistrate in charge of a sub-division. 4. Section 14 does not prevent the State Government from conferring on a Commissioner of Police all or any of the powers of an Executive Magistrate under any law for the time being in force. Which of the statements given above are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita