Section 15 CrPC: Subordination of Judicial Magistrates

Code of Criminal Procedure, 1973

Section 15 CrPC at a Glance

Section 15 CrPC deals with subordination of Judicial Magistrates. From 1 July 2024 it is replaced by Section 13 BNSS.

Now BNSS

What Section 15 CrPC Says

15. Subordination of Judicial Magistrates
(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 Code, as to the distribution of business among the Judicial Magistrates subordinate to him.

Source: Section 15, Code of Criminal Procedure, 1973

Section 15 CrPC in Simple Words

Under Section 15(1) of the Code of Criminal Procedure, 1973, 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 15(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 Code.

When Section 15 CrPC Applies

Under Section 15(1) of the Code of Criminal Procedure, 1973, 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 15(1) CrPC.
Under Section 15(2) CrPC, 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 15(2) CrPC, those rules or special orders shall be consistent with the Code.

Example of Section 15 CrPC

Meera is the Sessions Judge, Rajesh is the Chief Judicial Magistrate, and Vikram and Sunita are other Judicial Magistrates in the same sessions division. Under Section 15(1) of the Code of Criminal Procedure, 1973, Rajesh is subordinate to Meera, and Vikram and Sunita are subordinate to Rajesh, subject to the general control of Meera. Rajesh gives a special order under Section 15(2) CrPC, consistent with the Code, as to the distribution of business between Vikram and Sunita.

When Section 15 CrPC Does Not Apply

Section 15(2) of the Code of Criminal Procedure, 1973 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 Code.
Section 15(2) CrPC 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 15 CrPC Under BNSS 13: What Changed

Section 15 CrPC is now covered under Section 13 BNSS.

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.

View detailed comparison (CrPC 15 vs BNSS 13) →

FAQs on Section 15 CrPC

To whom is the Chief Judicial Magistrate subordinate under Section 15 CrPC?▼

Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge under Section 15(1) of the Code of Criminal Procedure, 1973. In turn, every other Judicial Magistrate shall be subordinate to the Chief Judicial Magistrate under Section 15(1) CrPC. However, this subordination of other Judicial Magistrates to the Chief Judicial Magistrate remains subject to the general control of the Sessions Judge.

Who distributes business among Judicial Magistrates under Section 15 CrPC?▼

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 15(2) of the Code of Criminal Procedure, 1973. Any such rules or special orders made by the Chief Judicial Magistrate must be consistent with the Code.

Does the Sessions Judge have control over Judicial Magistrates other than the Chief Judicial Magistrate under Section 15 CrPC?▼

Yes. Under Section 15(1) of the Code of Criminal Procedure, 1973, every Judicial Magistrate other than the Chief Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.

Where is Section 15 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 15 CrPC is found in Section 13 BNSS. Section 15(1) CrPC maps to Section 13(1) BNSS, and Section 15(2) CrPC maps to Section 13(2) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·