Section 20 CrPC: Executive Magistrates

Code of Criminal Procedure, 1973

Section 20 CrPC at a Glance

Section 20 CrPC deals with executive Magistrates. From 1 July 2024 it is replaced by Section 14 BNSS.

Now BNSS

Section 14 →

What Section 20 CrPC Says

20. Executive Magistrates

(1) In every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

(2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Code or under any other law for the time being in force as may be directed by the State Government.

(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate.

(4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate.

(4A) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.

(5) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police, all or any of the powers of an Executive Magistrate in relation to a metropolitan area.

Source: Section 20, Code of Criminal Procedure, 1973

Section 20 CrPC in Simple Words

Section 20 of the Code of Criminal Procedure, 1973 deals with Executive Magistrates. In every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

Section 20 CrPC also provides for Additional District Magistrates, for an officer who succeeds temporarily when the office of District Magistrate becomes vacant, for Sub-divisional Magistrates, and for delegating the power over sub-divisions to the District Magistrate. It does not preclude the State Government from conferring Executive Magistrate powers on a Commissioner of Police in relation to a metropolitan area.

When Section 20 CrPC Applies

  • Under Section 20(1) of the Code of Criminal Procedure, 1973, in every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.
  • Under Section 20(2) CrPC, the State Government may appoint any Executive Magistrate to be an Additional District Magistrate, who shall have such of the powers of a District Magistrate under the Code or under any other law for the time being in force as the State Government may direct.
  • Under Section 20(3) CrPC, whenever the office of a District Magistrate becomes vacant and an officer succeeds temporarily to the executive administration of the district, that officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties conferred and imposed by the Code on the District Magistrate.
  • Under Section 20(4) CrPC, the State Government may place an Executive Magistrate in charge of a sub-division and may relieve that Magistrate of the charge as occasion requires. The Magistrate so placed in charge shall be called the Sub-divisional Magistrate.
  • By a general or special order under Section 20(4A) CrPC, the State Government may delegate to the District Magistrate its Section 20(4) CrPC powers to place or relieve an Executive Magistrate in a sub-division, subject to such control and directions as the State Government may deem fit to impose.
  • Under Section 20(5) CrPC, nothing in Section 20 CrPC shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate in relation to a metropolitan area.

Time Limits Under Section 20 CrPC

  • Pending the orders of the State Government is the period under Section 20(3) of the Code of Criminal Procedure, 1973 during which an officer who temporarily succeeds to the executive administration of a district upon a vacancy in the office of District Magistrate shall exercise the powers and perform the duties of the District Magistrate.Act text: “pending the orders of the State Government”

Example of Section 20 CrPC

The State Government appoints Arjun and Meera as Executive Magistrates in a district under Section 20(1) of the Code of Criminal Procedure, 1973 and appoints Arjun, one of them, to be the District Magistrate. Under Section 20(4A) CrPC, the State Government delegates its powers under Section 20(4) CrPC by special order to the District Magistrate, and Arjun places Meera in charge of a sub-division as the Sub-divisional Magistrate. When the office of District Magistrate later becomes vacant, Vikram succeeds temporarily to the executive administration of the district. Under Section 20(3) CrPC, Vikram shall exercise all the powers and perform all the duties conferred and imposed by the Code on the District Magistrate, pending the orders of the State Government.

When Section 20 CrPC Does Not Apply

  • A person who is not an Executive Magistrate cannot be appointed as an Additional District Magistrate under Section 20(2) of the Code of Criminal Procedure, 1973, and an Additional District Magistrate does not have any powers of a District Magistrate that the State Government has not directed.
  • An officer does not exercise the powers or perform the duties of the District Magistrate under Section 20(3) CrPC where the office of a District Magistrate has not become vacant or where that officer has not succeeded temporarily to the executive administration of the district.
  • A person who is not an Executive Magistrate cannot be placed in charge of a sub-division as a Sub-divisional Magistrate under Section 20(4) CrPC, and a District Magistrate cannot exercise the powers under Section 20(4) CrPC without a delegation by general or special order of the State Government under Section 20(4A) CrPC.

Section 20 CrPC Under BNSS 14: What Changed

Section 20 CrPC is now covered under Section 14 BNSS.

Section 20 of the Code of Criminal Procedure, 1973 became Section 14 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The references to a metropolitan area are removed: Section 14(1) BNSS omits the words and in every metropolitan area that appeared in Section 20(1) CrPC, and Section 14(6) BNSS omits the words in relation to a metropolitan area that appeared in Section 20(5) CrPC. Renumbering the section and sub-sections, including Section 20(4A) CrPC and Section 20(5) CrPC as Section 14(5) BNSS and Section 14(6) BNSS, and replacing Code with Sanhita are changes of form, while the remaining rules are unchanged.

View detailed comparison (CrPC 20 vs BNSS 14) →

FAQs on Section 20 CrPC

Who appoints Executive Magistrates and the District Magistrate under Section 20 CrPC?▼

Under Section 20(1) of the Code of Criminal Procedure, 1973, in every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates, and shall appoint one of them to be the District Magistrate.

What powers does an Additional District Magistrate have under Section 20(2) CrPC?▼

The State Government may appoint any Executive Magistrate to be an Additional District Magistrate under Section 20(2) of the Code of Criminal Procedure, 1973. An Additional District Magistrate shall have such of the powers of a District Magistrate under the Code or under any other law for the time being in force as may be directed by the State Government. The extent of those powers therefore depends on the directions issued by the State Government under Section 20(2) CrPC.

Can a District Magistrate place an Executive Magistrate in charge of a sub-division under Section 20 CrPC?▼

Section 20(4) of the Code of Criminal Procedure, 1973 gives the power to the State Government, which may place an Executive Magistrate in charge of a sub-division and relieve that Magistrate of the charge as occasion requires. Under Section 20(4A) CrPC, the State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under Section 20(4) CrPC to the District Magistrate.

Can Executive Magistrate powers be conferred on a Commissioner of Police under Section 20(5) CrPC?▼

Yes, Section 20(5) of the Code of Criminal Procedure, 1973 provides that nothing in Section 20 CrPC shall preclude the State Government from conferring all or any of the powers of an Executive Magistrate on a Commissioner of Police in relation to a metropolitan area. That conferment by the State Government is made under any law for the time being in force, and under Section 20(5) CrPC it applies in relation to a metropolitan area.

Where is Section 20 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, and the provision corresponding to Section 20 CrPC is found in Section 14 BNSS. Specifically, Section 20(1), Section 20(2), Section 20(3), and Section 20(4) CrPC correspond to Section 14(1), Section 14(2), Section 14(3), and Section 14(4) BNSS, while Section 20(4A) CrPC corresponds to Section 14(5) BNSS and Section 20(5) CrPC corresponds to Section 14(6) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·