Section 16 BNSS: Local Jurisdiction of Executive Magistrates

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 16 BNSS at a Glance

Section 16 BNSS deals with local Jurisdiction of Executive Magistrates. It replaced Section 22 CrPC on 1 July 2024.

Section 16 BNSS Bare Act Text

(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.

Source: Section 16, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 16 BNSS in Simple Words

Section 16 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the local jurisdiction of Executive Magistrates. The District Magistrate may define the local limits of the areas in which Executive Magistrates may exercise all or any of the powers they are invested with under the Sanhita.

The District Magistrate may do this from time to time. This power is subject to the control of the State Government.

Unless the definition provides otherwise, the jurisdiction and powers of each such Executive Magistrate shall extend throughout the district.

When Section 16 BNSS Applies

  • Under Section 16(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise their powers.
  • Under Section 16(1) BNSS, the District Magistrate defines those local limits subject to the control of the State Government.
  • Within the local limits so defined, the Executive Magistrates may exercise all or any of the powers with which they may be invested under the Sanhita, as Section 16(1) BNSS provides.
  • Under Section 16(2) BNSS, except as otherwise provided by such definition, the jurisdiction and powers of every such Executive Magistrate shall extend throughout the district.

Example of Section 16 BNSS

Ananya is the District Magistrate of a district, and Vikram and Kavita are Executive Magistrates there. Subject to the control of the State Government, Ananya makes an order under Section 16(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 defining one tehsil as the local area within which Vikram may exercise the powers with which Vikram is invested under the Sanhita. Ananya makes no such definition for Kavita, so under Section 16(2) BNSS the jurisdiction and powers of Kavita extend throughout the district.

When Section 16 BNSS Does Not Apply

  • Section 16(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives the power to define local limits to the District Magistrate, and the District Magistrate exercises it subject to the control of the State Government, not free of that control.

Section 16 BNSS in the CrPC (Previous Law)

Section 16 BNSS replaced Section 22 CrPC from 1 July 2024.

Section 22 of the Code of Criminal Procedure, 1973 became Section 16 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 16(1) BNSS refers to the Sanhita in place of the Code and is otherwise the same as Section 22(1) CrPC. Section 16(2) BNSS has the same text as Section 22(2) CrPC.

Each sub-section below names its own source.

FAQs on Section 16 BNSS

Who may define the local limits for Executive Magistrates under Section 16 BNSS?โ–ผ

The District Magistrate may, from time to time, define the local limits of the areas within which Executive Magistrates may exercise all or any of the powers with which they may be invested under the Bharatiya Nagarik Suraksha Sanhita, 2023. Under Section 16(1) BNSS, the District Magistrate exercises this power subject to the control of the State Government.

What happens under Section 16 BNSS if the District Magistrate has not defined local limits for an Executive Magistrate?โ–ผ

Under Section 16(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, except as otherwise provided by a definition made under Section 16(1) BNSS, the jurisdiction and powers of every such Executive Magistrate shall extend throughout the district.

Can the District Magistrate define local limits for only some of the powers of an Executive Magistrate under Section 16 BNSS?โ–ผ

Section 16(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 refers to the local limits within which Executive Magistrates may exercise all or any of the powers with which they may be invested under the Sanhita. The District Magistrate defines those limits from time to time, subject to the control of the State Government.

What changed from Section 22 CrPC to Section 16 BNSS from 1 July 2024?โ–ผ

From 1 July 2024, Section 16 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 22 of the Code of Criminal Procedure, 1973. Section 16(1) BNSS refers to powers invested under the Sanhita where Section 22(1) CrPC referred to the Code, and is otherwise the same. Section 16(2) BNSS has the same text as Section 22(2) CrPC.

Section 16 BNSS: Sub-sections Explained

Section 16(1) BNSS: Local Jurisdiction of Executive Magistrates

โ–ถ

Bare Act Text

(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.

Previous Law

CrPC 22 โ†’ Section 16(1) BNSS

Section 16(2) BNSS: Local Jurisdiction of Executive Magistrates

โ–ถ

Bare Act Text

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

Previous Law

CrPC 22(2) โ†’ Section 16(2) BNSS

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