Section 16 BNSS: Local Jurisdiction of Executive Magistrates (Formerly Section 22 CrPC)

Section 16 of Bharatiya Nagarik Suraksha Sanhita, 2023: Local Jurisdiction of Executive Magistrates

Official Bare Act Text

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

(1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Sanhita.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

Legal Commentary & Landmark Judgments: Section 16

Section 16 regulates the local jurisdiction of Executive Magistrates, empowering the District Magistrate to define the local areas within which they may exercise all or any of their powers.

DM Supervisory Control: District Magistrate defines local territorial limits of Executive Magistrates.
Sub-Divisional Jurisdiction: Powers typically assigned along Sub-Divisional Magistrate (SDM) or Tehsil boundaries.
District-Wide Default: Unless otherwise demarcated, an Executive Magistrate's powers extend throughout the district.

Key Landmark Precedents:

C. Muniappan v. State of Tamil Nadu (2010) 9 SCC 552: The Supreme Court affirmed that Executive Magistrates must act strictly within their defined territorial jurisdictions when issuing public safety orders.
Municipal Council, Ratlam v. Vardichand (1980) 4 SCC 162: Held that local jurisdiction over nuisance sites determines the competence of the Sub-Divisional Magistrate.

Courtroom Practice & Strategic Litigation Guidance:

In land possession disputes under Section 164 BNSS (old Section 145 CrPC), confirm that the disputed agricultural land or property falls strictly within the notified local limits of the acting SDM.