Section 21 CrPC: Special Executive Magistrates

Code of Criminal Procedure, 1973

Section 21 CrPC at a Glance

Section 21 CrPC deals with special Executive Magistrates. From 1 July 2024 it is replaced by Section 15 BNSS.

Now BNSS

What Section 21 CrPC Says

21. Special Executive Magistrates
The State Government may appoint, for such term as it may think fit, Executive Magistrates, 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 Code on Executive Magistrates, as it may deem fit.

Source: Section 21, Code of Criminal Procedure, 1973

Section 21 CrPC in Simple Words

Section 21 of the Code of Criminal Procedure, 1973 deals with Special Executive Magistrates.

The State Government may appoint Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions, for such term as it may think fit.

The State Government may confer on them such of the powers conferrable under the Code on Executive Magistrates as it may deem fit.

When Section 21 CrPC Applies

Under Section 21 of the Code of Criminal Procedure, 1973, the State Government may appoint existing Executive Magistrates to hold office as Special Executive Magistrates.
Under Section 21 CrPC, the appointment is for such term as the State Government may think fit.
An appointment under Section 21 CrPC may be made either for particular areas or for the performance of particular functions.
The State Government may grant a Special Executive Magistrate any of the powers that can be conferred on an Executive Magistrate under the Code, as it may deem fit.

Example of Section 21 CrPC

Ananya is an Executive Magistrate in a district where a large annual pilgrimage takes place across several towns. Under Section 21 of the Code of Criminal Procedure, 1973, the State Government appoints Ananya as a Special Executive Magistrate for those towns, for such term as it thinks fit. The State Government also confers on Ananya such of the powers conferrable under the Code on Executive Magistrates as it deems fit.

When Section 21 CrPC Does Not Apply

Section 21 of the Code of Criminal Procedure, 1973 does not authorise any authority other than the State Government to appoint Special Executive Magistrates.
Section 21 CrPC does not apply to the appointment of a person who is not an Executive Magistrate as a Special Executive Magistrate.
Section 21 CrPC does not permit conferring any power on a Special Executive Magistrate that is not conferrable under the Code on Executive Magistrates.

Section 21 CrPC Under BNSS 15: What Changed

Section 21 CrPC is now covered under Section 15 BNSS.

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 detailed comparison (CrPC 21 vs BNSS 15) →

FAQs on Section 21 CrPC

Who can be appointed as a Special Executive Magistrate under Section 21 CrPC?▼

Under Section 21 of the Code of Criminal Procedure, 1973, the State Government may appoint Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions. The text of Section 21 CrPC names Executive Magistrates and no other class of person.

Does Section 21 CrPC fix a specific tenure for Special Executive Magistrates?▼

No. Section 21 of the Code of Criminal Procedure, 1973 does not state a fixed period. The State Government may appoint Special Executive Magistrates for such term as it may think fit.

What powers can the State Government give to a Special Executive Magistrate under Section 21 CrPC?▼

Under Section 21 of the Code of Criminal Procedure, 1973, the State Government may confer on Special Executive Magistrates such of the powers as are conferrable under the Code on Executive Magistrates, as it may deem fit. A Special Executive Magistrate does not automatically receive every power of an Executive Magistrate, but only those powers conferrable under the Code that the State Government deems fit to confer.

Where is the provision for Special Executive Magistrates under Section 21 CrPC found from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The provision corresponding to Section 21 CrPC is found in Section 15 BNSS, which also bears the title Special Executive Magistrates and deals with the appointment and powers of Special Executive Magistrates for particular areas or for the performance of particular functions.

Have questions about Section 21 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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