BNSS Section 14 — Executive Magistrates

CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Criminal

Summary

In every district, the state government can appoint as many Executive Magistrates as it wants, and must choose one of them to be the District Magistrate. The state government can also appoint any Executive Magistrate as an Additional District Magistrate, who will have only those powers of the District Magistrate that the state government directs. If the District Magistrate’s office becomes vacant, the officer who temporarily takes over the district’s executive administration will exercise all the powers and duties of the District Magistrate until the state government gives further orders. The state government can put an Executive Magistrate in charge of a sub-division, calling that person the Sub-divisional Magistrate, and can remove them from that charge as needed; it can also delegate this power to the District Magistrate. Finally, this section does not stop the state government from giving a Commissioner of Police any or all of the powers of an Executive Magistrate under any other current law.

Official Text

(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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

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