Section 14 BNSS: Executive Magistrates
Section 14 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for the appointment of Executive Magistrates in every district and identifies the offices and powers of the District Magistrate, Additional District Magistrate and Sub-divisional Magistrate. It also permits specified Executive Magistrate powers to be conferred on a Commissioner of Police under other law.
Text of Section 14 BNSS
14. (1) In every district, the State Government may appoint as many persons as it thinks 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.
Meaning and scope of Section 14
Section 14 establishes the statutory framework for Executive Magistrates at the district level. The State Government may appoint as many Executive Magistrates as it considers necessary and must designate one of them as the District Magistrate.
The section also recognises Additional District Magistrates and Sub-divisional Magistrates, provides continuity when the office of District Magistrate becomes vacant, and allows certain appointment powers to be delegated by the State Government.
Sub-section (1): Appointment of Executive Magistrates and District Magistrate
Under sub-section (1), the State Government has discretion regarding the number of Executive Magistrates appointed in a district. However, it must appoint one Executive Magistrate as the District Magistrate.
Sub-section (2): Additional District Magistrate
The State Government may appoint an Executive Magistrate as an Additional District Magistrate. The Additional District Magistrate exercises only those powers of the District Magistrate that the State Government directs under the BNSS or any other law for the time being in force.
Sub-section (3): Temporary vacancy in the office of District Magistrate
When the office of District Magistrate becomes vacant and an officer temporarily succeeds to the executive administration of the district, that officer may exercise the District Magistrate's BNSS powers and duties until the State Government issues further orders.
Sub-section (4): Sub-divisional Magistrate
The State Government may place an Executive Magistrate in charge of a sub-division. The Magistrate placed in such charge is known as the Sub-divisional Magistrate. The State Government may also relieve that Magistrate of the charge when required.
Sub-section (5): Delegation to the District Magistrate
The State Government may delegate its power under sub-section (4) to the District Magistrate by a general or special order. Such delegation may be made subject to controls and directions imposed by the State Government.
Sub-section (6): Commissioner of Police
Sub-section (6) clarifies that Section 14 does not prevent the State Government from conferring all or any powers of an Executive Magistrate on a Commissioner of Police under any law for the time being in force.
Key legal points
- Executive Magistrates are appointed by the State Government.
- Each district must have a District Magistrate appointed from among the Executive Magistrates.
- An Additional District Magistrate exercises only the District Magistrate powers assigned by the State Government.
- The law provides continuity of District Magistrate functions during a temporary vacancy.
- A Magistrate placed in charge of a sub-division is called the Sub-divisional Magistrate.
- The State Government may delegate its sub-division appointment power to the District Magistrate.
- Executive Magistrate powers may also be conferred on a Commissioner of Police under another applicable law.
Related BNSS provisions
For the surrounding statutory framework, see Section 13 - Subordination of Judicial Magistrates, Section 15 - Special Executive Magistrates, Section 16 - Local Jurisdiction of Executive Magistrates and Section 17 - Subordination of Executive Magistrates.