Section 23 CrPC: Subordination of Executive Magistrates

Code of Criminal Procedure, 1973

Section 23 CrPC at a Glance

Section 23 CrPC deals with subordination of Executive Magistrates. From 1 July 2024 it is replaced by Section 17 BNSS.

Now BNSS

What Section 23 CrPC Says

23. Subordination of Executive Magistrates
(1) All Executive Magistrates, other than the Additional District Magistrate, 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, however, 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 Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate.

Source: Section 23, Code of Criminal Procedure, 1973

Section 23 CrPC in Simple Words

Section 23 of the Code of Criminal Procedure, 1973 deals with the subordination of Executive Magistrates. Every Executive Magistrate except the Additional District 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, however, to the general control of the District Magistrate. Under Section 23(2) CrPC, the District Magistrate may make rules or give special orders on how business is distributed 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 Code.

On the same terms, the District Magistrate may make rules or give special orders on how business is allocated to an Additional District Magistrate.

When Section 23 CrPC Applies

Under Section 23(1) of the Code of Criminal Procedure, 1973, all Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate.
Under Section 23(1) CrPC, 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 23(1) CrPC, that subordination to the Sub-divisional Magistrate is subject to the general control of the District Magistrate.
Under Section 23(2) CrPC, the District Magistrate may, from time to time, make rules or give special orders, consistent with the Code, as to the distribution of business among the Executive Magistrates subordinate to the District Magistrate.
Even though an Additional District Magistrate is not subordinate to the District Magistrate under Section 23(1) CrPC, the District Magistrate may under Section 23(2) CrPC make rules or give special orders, consistent with the Code, to assign work to an Additional District Magistrate.

Example of Section 23 CrPC

Rajesh is the District Magistrate of a district where Sunita is the Additional District Magistrate, Vikram is the Sub-divisional Magistrate of a sub-division, and Meera is an Executive Magistrate exercising powers in that sub-division. Under Section 23(1) of the Code of Criminal Procedure, 1973, Vikram and Meera are subordinate to Rajesh, and Sunita, as the Additional District Magistrate, is not. Meera is also subordinate to Vikram, subject to the general control of Rajesh. Under Section 23(2) CrPC, Rajesh gives a special order, consistent with the Code, distributing business between Vikram and Meera and allocating business to Sunita.

When Section 23 CrPC Does Not Apply

Subordination to the District Magistrate under Section 23(1) of the Code of Criminal Procedure, 1973 does not apply to an Additional District Magistrate.
Subordination to the Sub-divisional Magistrate under Section 23(1) CrPC does not apply to the Sub-divisional Magistrate or to an Executive Magistrate not exercising powers in a sub-division.
Section 23(2) CrPC does not authorise the District Magistrate to make rules or give special orders that are not consistent with the Code.

Section 23 CrPC Under BNSS 17: What Changed

Section 23 CrPC is now covered under Section 17 BNSS.

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.

View detailed comparison (CrPC 23 vs BNSS 17) →

FAQs on Section 23 CrPC

Is an Additional District Magistrate subordinate to the District Magistrate under Section 23 CrPC?▼

No, an Additional District Magistrate is not subordinate to the District Magistrate under Section 23(1) of the Code of Criminal Procedure, 1973. The provision states that all Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate. However, under Section 23(2) CrPC, the District Magistrate may still make rules or give special orders consistent with the Code for the allocation of business to an Additional District Magistrate.

Who supervises an Executive Magistrate exercising powers in a sub-division under Section 23 CrPC?▼

An Executive Magistrate exercising powers in a sub-division, other than the Sub-divisional Magistrate, is subordinate to the District Magistrate and to the Sub-divisional Magistrate under Section 23(1) of the Code of Criminal Procedure, 1973. All Executive Magistrates other than the Additional District Magistrate shall be subordinate to the District Magistrate, and those exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject to the general control of the District Magistrate.

How does the District Magistrate distribute work among Executive Magistrates under Section 23 CrPC?▼

Under Section 23(2) of the Code of Criminal Procedure, 1973, the District Magistrate may, from time to time, make rules or give special orders as to the distribution of business among the subordinate Executive Magistrates and as to the allocation of business to an Additional District Magistrate. The rules or special orders shall be consistent with the Code.

Where is Section 23 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 23 CrPC is found in Section 17 BNSS. Section 23(1) CrPC maps to Section 17(1) BNSS, and Section 23(2) CrPC maps to Section 17(2) BNSS.

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