Section 17 BNSS: Subordination of Executive Magistrates

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 17 BNSS at a Glance

Section 17 BNSS deals with subordination of Executive Magistrates. It replaced Section 23 CrPC on 1 July 2024.

Was CrPC

Section 23 →

Section 17 BNSS Bare Act Text

(1) All Executive Magistrates shall be subordinate to the District Magistrate, and 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.

(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate to him.

Source: Section 17, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 17 BNSS in Simple Words

Section 17 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the subordination of Executive Magistrates. Every Executive Magistrate shall be subordinate to the District Magistrate.

An Executive Magistrate who exercises powers in a sub-division, and who is not the Sub-divisional Magistrate, shall also be subordinate to the Sub-divisional Magistrate. The subordination described above is subject to the general control of the District Magistrate.

Under Section 17(2) BNSS, the District Magistrate may make rules or give special orders on the distribution or allocation of business among the Executive Magistrates subordinate to the District Magistrate. The District Magistrate may do this from time to time, and the rules or orders must be consistent with the Sanhita.

When Section 17 BNSS Applies

  • 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.

Example of Section 17 BNSS

Anand is the District Magistrate of a district where Kavita serves as the Sub-divisional Magistrate of a sub-division, and Rohan and Priya are Executive Magistrates exercising powers in that sub-division. Under Section 17(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, Kavita, Rohan, and Priya shall all be subordinate to Anand. Because Rohan and Priya are Executive Magistrates other than the Sub-divisional Magistrate exercising powers in the sub-division of Kavita, they shall also be subordinate to Kavita, subject to the general control of Anand. Under Section 17(2) BNSS, Anand may from time to time issue special orders consistent with the Sanhita for the distribution or allocation of business among Kavita, Rohan, and Priya.

When Section 17 BNSS Does Not Apply

  • Subordination to the Sub-divisional Magistrate under Section 17(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply to the Sub-divisional Magistrate.
  • An Executive Magistrate who is not exercising powers in a sub-division is not subordinate to the Sub-divisional Magistrate under Section 17(1) BNSS.
  • Section 17(2) BNSS does not authorise the District Magistrate to make rules or give special orders that are not consistent with the Sanhita.

Section 17 BNSS in the CrPC (Previous Law)

Section 17 BNSS replaced Section 23 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 17 BNSS

Who are all Executive Magistrates subordinate to under Section 17 BNSS?▼

All Executive Magistrates in a district shall be subordinate to the District Magistrate under Section 17(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. In addition, every Executive Magistrate, other than the Sub-divisional Magistrate, who is exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate. That subordination to the Sub-divisional Magistrate remains subject to the general control of the District Magistrate.

Who has the power to distribute or allocate work among Executive Magistrates under Section 17 BNSS?▼

Under Section 17(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the District Magistrate may, from time to time, make rules or give special orders as to the distribution or allocation of business among the Executive Magistrates subordinate to the District Magistrate. The rules or special orders shall be consistent with the Sanhita.

Does Section 17 BNSS fix a deadline for the District Magistrate to make rules or issue special orders?▼

No, Section 17 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not prescribe any fixed time limit or deadline. Instead, Section 17(2) BNSS provides that the District Magistrate may, from time to time, make rules or give special orders, consistent with the Sanhita, regarding the distribution or allocation of business among the Executive Magistrates who are subordinate to the District Magistrate.

What changed from Section 23 CrPC to Section 17 BNSS from 1 July 2024?▼

From 1 July 2024, Section 17 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 23 of the Code of Criminal Procedure, 1973. Section 23(1) CrPC read all Executive Magistrates, other than the Additional District Magistrate, and Section 17(1) BNSS reads all Executive Magistrates. Section 23(2) CrPC referred to the distribution of business among subordinate Executive Magistrates and the allocation of business to an Additional District Magistrate, and Section 17(2) BNSS refers to the distribution or allocation of business among subordinate Executive Magistrates. Section 17(1) BNSS reads subject, where Section 23(1) CrPC read subject, however, and Section 17(2) BNSS refers to the Sanhita in place of the Code.

Section 17 BNSS: Sub-sections Explained

Section 17(1) BNSS: Subordination of Executive Magistrates

▶

Bare Act Text

(1) All Executive Magistrates shall be subordinate to the District Magistrate, and 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.

Previous Law

CrPC 23 → Section 17(1) BNSS

Section 17(2) BNSS: Subordination of Executive Magistrates

▶

Bare Act Text

(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate to him.

Previous Law

CrPC 23(2) → Section 17(2) BNSS

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