Section 21 CrPC: Special Executive Magistrates

Section 21 of the Code of Criminal Procedure, 1973 empowered the State Government to appoint Special Executive Magistrates for specified areas or particular functions and to confer upon them such powers of Executive Magistrates as the State Government considered appropriate.

Text and meaning of Section 21 CrPC

Section 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 the Code on Executive Magistrates, as it may deem fit.

What is a Special Executive Magistrate?

A Special Executive Magistrate is an Executive Magistrate specially appointed by the State Government for a defined area, a particular function, or both. The appointment is not automatically permanent. Section 21 allowed the State Government to specify the term of appointment and determine which powers available to Executive Magistrates under the CrPC would be conferred.

Essential features of Section 21

Appointing authority: the power of appointment was vested in the State Government.
Term: the State Government could appoint a Special Executive Magistrate for such term as it considered appropriate.
Area or function: an appointment could relate to a particular geographical area or the performance of particular functions.
Conferment of powers: a Special Executive Magistrate could exercise only such powers of an Executive Magistrate as were lawfully conferred upon the appointee.
Executive character: Section 21 formed part of Chapter II of the CrPC dealing with the constitution of criminal courts and offices.

Relationship with Sections 20, 22 and 23 CrPC

Section 21 operated within the CrPC framework governing Executive Magistrates. Section 20 CrPC dealt generally with Executive Magistrates. Section 22 CrPC dealt with their local jurisdiction, while Section 23 CrPC governed their subordination. These provisions should therefore be read together when determining the authority, territorial reach and administrative position of an Executive Magistrate.

Position before implementation of BNSS

Before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force, Section 21 CrPC was the provision specifically governing Special Executive Magistrates. The CrPC, 1973 was later repealed by Section 531 of the BNSS with effect from 1 July 2024, subject to the savings contained in that section.

Transition note: Pending appeals, applications, trials, inquiries and investigations immediately before commencement of the BNSS continue to be governed by the CrPC in accordance with the savings provision in Section 531(2)(a) BNSS. Other saved notifications, powers, jurisdictions, orders, rules and appointments are governed by the further terms of Section 531.

Corresponding provision under BNSS

The corresponding provision is Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It continues the concept of Special Executive Magistrates. A notable change is that Section 15 expressly permits the State Government to appoint an Executive Magistrate or a police officer not below the rank of Superintendent of Police or equivalent as a Special Executive Magistrate, subject to the provision's terms.

Practical legal effect

For a matter governed by the pre-BNSS CrPC regime, the notification or order of appointment is important because Section 21 did not itself confer every Executive Magistrate power on every Special Executive Magistrate. The State Government determined the term, area or function and the powers conferred. The precise appointment notification should therefore be examined whenever the authority of a Special Executive Magistrate is in issue.

Frequently asked questions

Who could appoint a Special Executive Magistrate under Section 21 CrPC?

The State Government could make the appointment.

Could the appointment be limited to a particular area or function?

Yes. Section 21 expressly contemplated appointment for particular areas or for the performance of particular functions.

Did a Special Executive Magistrate automatically receive every power of an Executive Magistrate?

No. The State Government could confer such of the powers conferrable under the CrPC on Executive Magistrates as it deemed fit.

What is the corresponding BNSS provision?

Section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with Special Executive Magistrates.