Section 15 BNSS 2023: Special Executive Magistrates
Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the State Government to appoint Special Executive Magistrates for specified areas or functions and to confer upon them such powers of Executive Magistrates as the State Government considers appropriate under the BNSS.
| Provision | Section 15, Bharatiya Nagarik Suraksha Sanhita, 2023 |
|---|---|
| Chapter | Chapter II - Constitution of Criminal Courts and Offices |
| Subject | Special Executive Magistrates |
| Appointing authority | State Government |
| Who may be appointed | Executive Magistrates, or a police officer not below the rank of Superintendent of Police or equivalent |
| BNSS commencement | 1 July 2024 |
Text of Section 15 BNSS
15. Special Executive Magistrates. The State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Sanhita on Executive Magistrates, as it may deem fit.
Meaning and scope of Section 15
Section 15 creates a mechanism for special-purpose executive magistracy. Instead of limiting executive-magisterial functions to the ordinary appointments contemplated by Section 14 BNSS, the State Government may make a special appointment for a defined term, territorial area or particular function.
The provision also expressly permits appointment of a police officer as a Special Executive Magistrate, but only if the officer is not below the rank of Superintendent of Police or an equivalent rank. The appointment itself does not automatically confer every power available to an Executive Magistrate. The State Government must confer the powers it considers fit under the Sanhita.
Key elements of Section 15
- State Government appointment: The statutory power of appointment is vested in the State Government.
- Fixed or specified term: The appointment may be for such term as the State Government thinks fit.
- Eligible appointees: An Executive Magistrate may be appointed, and a police officer may also be appointed if the officer is not below the rank of Superintendent of Police or equivalent.
- Area-specific appointment: A Special Executive Magistrate may be appointed for a particular area.
- Function-specific appointment: The appointment may instead, or additionally, be for the performance of particular functions.
- Specified powers: Only such powers of Executive Magistrates as are conferred by the State Government under the BNSS may be exercised by the Special Executive Magistrate.
Relationship with Sections 14, 16 and 17 BNSS
Section 15 should be read within the structure of Chapter II of the BNSS. Section 14 deals with Executive Magistrates generally. Section 16 deals with the local jurisdiction of Executive Magistrates, while Section 17 deals with their subordination. Section 15 is the special appointment provision within that statutory framework.
Practical effect of an appointment
In practice, the legal authority of a Special Executive Magistrate depends on the terms of the State Government appointment and the powers expressly conferred. Therefore, where the validity or scope of an act performed by a Special Executive Magistrate is in issue, the relevant State Government notification or appointment order should be examined together with the BNSS provision under which the particular power is said to have been exercised.
BNSS commencement and official legal status
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. It received assent on 25 December 2023. The Central Government appointed 1 July 2024 as the commencement date for the Sanhita, subject to the exception stated in the commencement notification concerning the entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule.
Official resources
For the authoritative statutory text and official publication material, see India Code - Bharatiya Nagarik Suraksha Sanhita, 2023, India Code - BNSS Act No. 46 of 2023 PDF, and Ministry of Home Affairs - New Criminal Laws.
Frequently asked questions
Who appoints a Special Executive Magistrate under Section 15 BNSS?
The State Government makes the appointment.
Can a police officer be appointed as a Special Executive Magistrate?
Yes. Section 15 permits appointment of a police officer not below the rank of Superintendent of Police or equivalent.
Does a Special Executive Magistrate automatically receive all powers of an Executive Magistrate?
No. Section 15 permits the State Government to confer such Executive Magistrate powers under the BNSS as it considers fit.
Can the appointment be limited to a particular area or function?
Yes. The provision expressly allows appointment for particular areas or for the performance of particular functions.