Section 14 BNSS: Executive Magistrates (Formerly Section 20 CrPC)

Section 14 of Bharatiya Nagarik Suraksha Sanhita, 2023: Executive Magistrates

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b)

Legal Commentary & Landmark Judgments: Section 14

Section 14 mandates the appointment of Executive Magistrates in every district by the State Government, designating one of them as the District Magistrate (DM) and appointing Additional District Magistrates (ADM).

Executive Cadre: State Government appoints Executive Magistrates and designates the District Magistrate.
Preventive & Regulatory Remit: Jurisdiction restricted to maintenance of public order, preventive bonds, urgent nuisance orders, and inquest inquiries.
Insulation from Criminal Trials: Executive Magistrates have no jurisdiction to try substantive criminal offences or pass sentences of imprisonment.

Key Landmark Precedents:

Ram Narain v. State of U.P. (1973) 2 SCC 86: The Supreme Court highlighted that the separation of powers under the Code ensures that Executive Magistrates deal strictly with administrative peace-keeping, while trials remain exclusive to the judiciary.
Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Recognised the vital role of Executive Magistrates in issuing affirmative directions under public nuisance provisions.

Courtroom Practice & Strategic Litigation Guidance:

Ensure that preventive proceedings under Sections 126-142 BNSS or nuisance orders under Section 152/163 BNSS are placed before the Executive Magistrate/DM, whereas bail and trials stay before Judicial Magistrates.