CrPC 23 to BNSS 17: Subordination of Executive Magistrates
Section 23 CrPC (1973) replaced by Section 17 BNSS (2023)
CrPC 23 to BNSS 17 at a Glance
Section 23 CrPC (Subordination of Executive Magistrates) is now Section 17 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 23 to BNSS 17?
Section 23 of the Code of Criminal Procedure, 1973 became Section 17 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 17(1) BNSS reads all Executive Magistrates, without the words other than the Additional District Magistrate, and reads subject in place of subject, however. Section 17(2) BNSS refers to the distribution or allocation of business among subordinate Executive Magistrates and does not contain the separate words on the allocation of business to an Additional District Magistrate. The text on subordination in a sub-division is the same.
CrPC 23 vs BNSS 17: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 23 | 17 |
| Heading | Subordination of Executive Magistrates | Same |
| Sub-sections | 2 sub-sections | Same |
CrPC 23 and BNSS 17: Bare Act Text Side by Side
Section 23, CrPC 1973
Section 17, BNSS 2023
When It Applies: CrPC 23 vs BNSS 17
- Under Section 23(1) of the Code of Criminal Procedure, 1973, all Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate.
- Under Section 23(1) CrPC, every Executive Magistrate, other than the Sub-divisional Magistrate, exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate.
- Under Section 23(1) CrPC, that subordination to the Sub-divisional Magistrate is subject to the general control of the District Magistrate.
- Under Section 23(2) CrPC, the District Magistrate may, from time to time, make rules or give special orders, consistent with the Code, as to the distribution of business among the Executive Magistrates subordinate to the District Magistrate.
- Even though an Additional District Magistrate is not subordinate to the District Magistrate under Section 23(1) CrPC, the District Magistrate may under Section 23(2) CrPC make rules or give special orders, consistent with the Code, to assign work to an Additional District Magistrate.
- Under Section 17(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, all Executive Magistrates shall be subordinate to the District Magistrate.
- Under Section 17(1) BNSS, every Executive Magistrate, other than the Sub-divisional Magistrate, exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate.
- Under Section 17(1) BNSS, that subordination to the Sub-divisional Magistrate is subject to the general control of the District Magistrate.
- Under Section 17(2) BNSS, the District Magistrate may, from time to time, make rules or give special orders, consistent with the Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate to the District Magistrate.
What CrPC 23 to BNSS 17 Means in Practice
FAQs: CrPC 23 to BNSS 17
Where is Section 23 CrPC found from 1 July 2024?▼
From 1 July 2024, Section 23 of the Code of Criminal Procedure, 1973 is found in Section 17 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 23(1) CrPC maps to Section 17(1) BNSS, and Section 23(2) CrPC maps to Section 17(2) BNSS.
How did the rule on the Additional District Magistrate change from Section 23 CrPC to Section 17 BNSS?▼
Section 23(1) of the Code of Criminal Procedure, 1973 provided that all Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and Section 23(2) CrPC separately provided for the allocation of business to an Additional District Magistrate. Section 17(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads all Executive Magistrates without that exception, and Section 17(2) BNSS does not contain the separate words on an Additional District Magistrate.
Did the subordination of Executive Magistrates in a sub-division change in Section 17 BNSS?▼
No. Under Section 23(1) of the Code of Criminal Procedure, 1973 and Section 17(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, every Executive Magistrate, other than the Sub-divisional Magistrate, exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject to the general control of the District Magistrate. Section 17(1) BNSS reads subject where Section 23(1) CrPC read subject, however.
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 ·