Section 15 BNSS: Special Executive Magistrates (Formerly Section 21 CrPC)

Section 15 of Bharatiya Nagarik Suraksha Sanhita, 2023: Special Executive Magistrates

Official Bare Act Text

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

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.

Legal Commentary & Landmark Judgments: Section 15

Section 15 empowers the State Government to appoint Special Executive Magistrates for particular areas or for the performance of particular functions, for a specified term.

State Power of Appointment: State Government may appoint Special Executive Magistrates for specified terms.
Conferment of Powers: Conferring powers exercisable by an Executive Magistrate under the BNSS.
Emergency & Crowd Management: Appointed typically for large religious fairs, elections, disaster management, or communal tension.

Key Landmark Precedents:

In Re: Destruction of Public and Private Properties (2009) 5 SCC 212: Affirmed the utility of Special Executive Magistrates in supervising law and order during public unrest and large-scale demonstrations.
State of Gujarat v. Babulal (1993) Supp 3 SCC 419: Clarified that Special Executive Magistrates must act strictly within the statutory mandate of their appointment notifications.

Courtroom Practice & Strategic Litigation Guidance:

When challenging a prohibitory order or preventive bond issued by a Special Executive Magistrate, verify whether the officer had a valid subsisting notification covering that specific geographic pocket.