Section 15 BNSS: Special Executive Magistrates

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 15 BNSS at a Glance

Section 15 BNSS deals with special Executive Magistrates. It replaced Section 21 CrPC on 1 July 2024.

Was CrPC

Section 15 BNSS Bare Act Text

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.

Source: Section 15, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 15 BNSS in Simple Words

Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the State Government to appoint Special Executive Magistrates for particular areas or for the performance of particular functions.

Under Section 15 BNSS, the State Government may appoint either Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent to serve in this role.

These appointments may be made for such term as the State Government may think fit, and the State Government may confer on them such powers conferrable under the Sanhita on Executive Magistrates as it may deem fit.

When Section 15 BNSS Applies

Under Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the State Government may appoint Executive Magistrates to serve as Special Executive Magistrates.
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.
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.
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.

Example of Section 15 BNSS

Vikram is a police officer holding the rank of Superintendent of Police in a state where the State Government wants a dedicated official to handle specific executive magisterial functions in a coastal zone. Acting under Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the State Government appoints Vikram, who is not below the rank of Superintendent of Police, as a Special Executive Magistrate for that particular area and for the performance of those particular functions for such term as it thinks fit. Under Section 15 BNSS, the State Government confers on Vikram specific powers conferrable under the Sanhita on Executive Magistrates, as it deems fit.

When Section 15 BNSS Does Not Apply

Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not authorise any authority other than the State Government to appoint Special Executive Magistrates.
Section 15 BNSS does not apply to a police officer below the rank of Superintendent of Police or equivalent unless the person is an Executive Magistrate.
Section 15 BNSS does not allow the State Government to confer on a Special Executive Magistrate any power that is not conferrable under the Sanhita on Executive Magistrates.

Section 15 BNSS in the CrPC (Previous Law)

Section 15 BNSS replaces Section 21 CrPC from the old criminal code.

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.

View CrPC Section 21 →

FAQs on Section 15 BNSS

Can a police officer be appointed as a Special Executive Magistrate under Section 15 BNSS?▼

Yes. Under Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the State Government may appoint either Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent to be known as Special Executive Magistrates. A police officer who is below the rank of Superintendent of Police or equivalent does not meet this rank requirement under Section 15 BNSS.

For what purpose and duration are Special Executive Magistrates appointed under Section 15 BNSS?▼

Under Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the State Government may appoint Special Executive Magistrates for particular areas or for the performance of particular functions. Section 15 BNSS does not set a fixed tenure in days, months, or years. Instead, the State Government may make the appointment for such term as it may think fit.

What powers do Special Executive Magistrates exercise under Section 15 BNSS?▼

Under Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the State Government may confer on Special Executive Magistrates such of the powers as are conferrable under the Sanhita on Executive Magistrates, as it may deem fit. Their powers depend on what the State Government deems fit to confer from among the powers conferrable on Executive Magistrates under the Sanhita.

What changed from Section 21 CrPC to Section 15 BNSS from 1 July 2024?▼

From 1 July 2024, Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 21 of the Code of Criminal Procedure, 1973. 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 also refers to powers conferrable under the Sanhita in place of the Code.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·