CrPC 21→BNSS 15

CrPC 21 to BNSS 15: Special Executive Magistrates

Section 21 CrPC (1973) replaced by Section 15 BNSS (2023)

View CrPC Section 21 →View BNSS Section 15 →

CrPC 21 to BNSS 15 at a Glance

Section 21 CrPC (Special Executive Magistrates) is now Section 15 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 21 to BNSS 15?

Section 21 of the Code of Criminal Procedure, 1973 became Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 21 CrPC named Executive Magistrates as the persons who may be appointed as Special Executive Magistrates. Section 15 BNSS names Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent. Section 15 BNSS refers to the Sanhita in place of the Code, and the text on the term, the particular areas or functions, and the conferring of powers is the same.

CrPC 21 vs BNSS 15: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section2115
HeadingSpecial Executive MagistratesSame

CrPC 21 and BNSS 15: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 21, CrPC 1973

21. Special Executive Magistrates.—The State Government may appoint, for such term as it may think fit, Executive Magistrates, 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 Code on Executive Magistrates, as it may deem fit.
BNSS 2023 (in force)

Section 15, BNSS 2023

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.

When It Applies: CrPC 21 vs BNSS 15

Under CrPC 21
  1. Under Section 21 of the Code of Criminal Procedure, 1973, the State Government may appoint existing Executive Magistrates to hold office as Special Executive Magistrates.
  2. Under Section 21 CrPC, the appointment is for such term as the State Government may think fit.
  3. An appointment under Section 21 CrPC may be made either for particular areas or for the performance of particular functions.
  4. The State Government may grant a Special Executive Magistrate any of the powers that can be conferred on an Executive Magistrate under the Code, as it may deem fit.
Under BNSS 15
  1. Under Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the State Government may appoint Executive Magistrates to serve as Special Executive Magistrates.
  2. The State Government may also appoint any police officer not below the rank of Superintendent of Police or equivalent to be known as a Special Executive Magistrate under Section 15 BNSS.
  3. The State Government may make an appointment under Section 15 BNSS for such term as it may think fit, either for particular areas or for the performance of particular functions.
  4. The State Government may confer on a Special Executive Magistrate such of the powers conferrable on Executive Magistrates under the Sanhita as it may deem fit.

What CrPC 21 to BNSS 15 Means in Practice

From 1 July 2024, the provision on Special Executive Magistrates is found in Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 21 of the Code of Criminal Procedure, 1973. Under Section 15 BNSS, the State Government may appoint Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent as Special Executive Magistrates, and may confer on them such of the powers conferrable under the Sanhita on Executive Magistrates as it may deem fit.

FAQs: CrPC 21 to BNSS 15

Which section of the BNSS corresponds to Section 21 CrPC?▼

Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to Section 21 of the Code of Criminal Procedure, 1973 from 1 July 2024. Both are headed Special Executive Magistrates and deal with the appointment of Special Executive Magistrates by the State Government and the powers it may confer on them.

What is the difference in who may be appointed under Section 21 CrPC and Section 15 BNSS?▼

Section 21 of the Code of Criminal Procedure, 1973 named Executive Magistrates as the persons the State Government may appoint as Special Executive Magistrates. Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023 names Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent.

Did Section 15 BNSS change the term of appointment or the powers of Special Executive Magistrates?▼

No, the rules on the term of appointment and the conferral of powers are unchanged between Section 21 of the Code of Criminal Procedure, 1973 and Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under both provisions, the State Government may appoint Special Executive Magistrates for such term as it may think fit and confer such powers conferrable on Executive Magistrates as it may deem fit. Replacing the word Code with Sanhita is a change of form.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·