Section 13 BNSS: Subordination of Judicial Magistrates
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 13 BNSS at a Glance
Section 13 BNSS deals with subordination of Judicial Magistrates. It replaced Section 15 CrPC on 1 July 2024.
Section 13 BNSS Bare Act Text
(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him.
Source: Section 13, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 13 BNSS in Simple Words
Under Section 13(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, every Chief Judicial Magistrate shall be subordinate to the Sessions Judge. Every other Judicial Magistrate shall be subordinate to the Chief Judicial Magistrate.
That subordination is subject to the general control of the Sessions Judge. Under Section 13(2), the Chief Judicial Magistrate may, from time to time, make rules or give special orders about the distribution of business among the Judicial Magistrates who are subordinate to the Chief Judicial Magistrate.
Those rules and special orders shall be consistent with the Sanhita.
When Section 13 BNSS Applies
- Under Section 13(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, every Chief Judicial Magistrate shall be subordinate to the Sessions Judge.
- Every Judicial Magistrate other than the Chief Judicial Magistrate shall be subordinate to the Chief Judicial Magistrate while remaining subject to the general control of the Sessions Judge under Section 13(1) BNSS.
- Under Section 13(2) BNSS, the Chief Judicial Magistrate may, from time to time, make rules or give special orders as to the distribution of business among the Judicial Magistrates subordinate to the Chief Judicial Magistrate.
- Under Section 13(2) BNSS, those rules or special orders shall be consistent with the Sanhita.
Example of Section 13 BNSS
When Section 13 BNSS Does Not Apply
- Section 13(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not authorise the Chief Judicial Magistrate to make rules or give special orders for the distribution of business that are not consistent with the Sanhita.
- Section 13(2) BNSS does not empower the Chief Judicial Magistrate to make rules or give special orders for the distribution of business to anyone who is not among the Judicial Magistrates subordinate to him.
Section 13 BNSS in the CrPC (Previous Law)
Section 13 BNSS replaced Section 15 CrPC from 1 July 2024.
Section 15 of the Code of Criminal Procedure, 1973 became Section 13 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 13(1) BNSS has the same text as Section 15(1) CrPC on the subordination of Judicial Magistrates and the general control of the Sessions Judge. Section 13(2) BNSS refers to the Sanhita in place of the Code and is otherwise the same as Section 15(2) CrPC.
Each sub-section below names its own source.
FAQs on Section 13 BNSS
How does Section 13 BNSS structure the subordination of Judicial Magistrates?▼
Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge under Section 13(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Every other Judicial Magistrate shall be subordinate to the Chief Judicial Magistrate under Section 13(1) BNSS. That subordination of every other Judicial Magistrate to the Chief Judicial Magistrate is subject to the general control of the Sessions Judge.
How is business distributed among subordinate Judicial Magistrates under Section 13 BNSS?▼
The Chief Judicial Magistrate may, from time to time, make rules or give special orders as to the distribution of business among the Judicial Magistrates subordinate to him under Section 13(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Every rule made or special order given under Section 13(2) BNSS must be consistent with the Sanhita.
What must rules or special orders made by the Chief Judicial Magistrate under Section 13(2) BNSS be consistent with?▼
Under Section 13(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, rules made or special orders given by the Chief Judicial Magistrate shall be consistent with the Sanhita, and they are made as to the distribution of business among the Judicial Magistrates subordinate to the Chief Judicial Magistrate.
What changed from Section 15 CrPC to Section 13 BNSS from 1 July 2024?▼
From 1 July 2024, Section 13 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 15 of the Code of Criminal Procedure, 1973. Section 13(1) BNSS has the same text as Section 15(1) CrPC. Section 13(2) BNSS reads consistent with this Sanhita where Section 15(2) CrPC read consistent with this Code, and is otherwise the same.
Section 13 BNSS: Sub-sections Explained
Section 13(1) BNSS: Subordination of Judicial Magistrates
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Bare Act Text
(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
Section 13(2) BNSS: Subordination of Judicial Magistrates
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Bare Act Text
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·