Section 22 CrPC - Local Jurisdiction of Executive Magistrates
Section 22 of the Code of Criminal Procedure, 1973 governed the territorial or local jurisdiction within which Executive Magistrates could exercise the powers conferred on them under the CrPC. It formed part of Chapter II dealing with the constitution of criminal courts and offices.
Text of Section 22 of the Code of Criminal Procedure, 1973
22. Local jurisdiction of Executive Magistrates.
(1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
Meaning and scope of Section 22 CrPC
Section 22 dealt with the geographical limits within which an Executive Magistrate could exercise statutory powers. The provision gave the District Magistrate, subject to the control of the State Government, authority to define or alter those local limits from time to time.
If no special local limit was defined for an Executive Magistrate, sub-section (2) supplied the default rule: the Magistrate's jurisdiction and powers extended throughout the district. Accordingly, a restricted territorial jurisdiction depended on a valid definition of local limits; otherwise, district-wide jurisdiction applied.
Key legal terms explained
Executive Magistrate
An Executive Magistrate under the CrPC was a magistrate appointed by the State Government under Section 20 CrPC. Executive Magistrates performed executive and preventive functions entrusted to them by the Code and other applicable laws.
District Magistrate
The District Magistrate was one of the Executive Magistrates appointed by the State Government for a district under Section 20 CrPC. For Section 22, the District Magistrate was the authority empowered to define the local territorial limits of Executive Magistrates, subject to State Government control.
Local limits
"Local limits" means the territorial area within which the particular Executive Magistrate may exercise the powers vested in that office. The defined area may therefore determine where the Magistrate can validly exercise the relevant statutory power.
How Section 22 operated
1. The District Magistrate could define the territorial limits of an Executive Magistrate.
2. That power remained subject to the control of the State Government.
3. The limits could be defined or changed from time to time.
4. Unless a different territorial limit was defined, the Executive Magistrate's jurisdiction extended throughout the district.
Relationship with Sections 20, 21 and 23 CrPC
Section 22 should be read with the surrounding provisions. Section 20 dealt with Executive Magistrates and the District Magistrate; Section 21 dealt with Special Executive Magistrates; Section 22 prescribed local jurisdiction; and Section 23 dealt with the subordination of Executive Magistrates.
Corresponding provision under BNSS, 2023
After the commencement of the Bharatiya Nagarik Suraksha Sanhita, 2023 on 1 July 2024, the corresponding provision is Section 16 BNSS, titled "Local Jurisdiction of Executive Magistrates" in substance. It retains the core rule that the District Magistrate, subject to State Government control, may define local limits and that, unless otherwise defined, an Executive Magistrate's jurisdiction extends throughout the district.
Practical significance
Section 22 was important when determining whether an Executive Magistrate was acting within the territorial area assigned to that office. Where a specific territorial order existed, the order defining jurisdiction had to be considered along with the substantive provision conferring the relevant power. Where no special territorial definition applied, the statutory default was jurisdiction throughout the district.
Note: This page concerns the Code of Criminal Procedure, 1973 position before implementation of the BNSS. For proceedings governed by the current law, the applicable BNSS provisions and relevant commencement or saving provisions should also be examined.