Section 23 CrPC - Subordination of Executive Magistrates
Section 23 of the Code of Criminal Procedure, 1973 prescribed the administrative hierarchy among Executive Magistrates and empowered the District Magistrate to distribute business among subordinate Executive Magistrates. This page explains the provision as it stood immediately before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.
Text of Section 23 of the Code of Criminal Procedure, 1973
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.
Meaning and scope of Section 23 CrPC
Section 23 established a chain of administrative subordination for Executive Magistrates. The District Magistrate occupied the principal supervisory position in the district. Executive Magistrates working within a sub-division were also subordinate to the Sub-divisional Magistrate, except the Sub-divisional Magistrate himself, while the District Magistrate retained general control.
The provision should be read with the preceding CrPC provisions dealing with Executive Magistrates under Section 20, Special Executive Magistrates under Section 21, and local jurisdiction under Section 22.
Who was subordinate to whom?
- Executive Magistrates: Executive Magistrates other than the Additional District Magistrate were subordinate to the District Magistrate.
- Executive Magistrates in a sub-division: An Executive Magistrate exercising powers in a sub-division, other than the Sub-divisional Magistrate, was also subordinate to the Sub-divisional Magistrate.
- General control: The District Magistrate retained general control over the administrative hierarchy contemplated by the section.
- Additional District Magistrate: Section 23(1) expressly excluded the Additional District Magistrate from the first rule of subordination. Section 23(2), however, expressly permitted allocation of business to an Additional District Magistrate.
Power of District Magistrate to distribute business
Section 23(2) authorised the District Magistrate to make rules or issue special orders regarding the distribution of business among subordinate Executive Magistrates. Any such rule or special order had to be consistent with the Code. The subsection also expressly referred to allocation of business to an Additional District Magistrate.
Important expressions in Section 23
Executive Magistrate
For the purposes of the CrPC framework, Executive Magistrates were appointed under Section 20. Their functions were executive and preventive in character where the Code conferred such powers upon them.
District Magistrate
Under Section 20 CrPC, the State Government appointed one of the Executive Magistrates in every district as the District Magistrate. Section 23 placed the relevant Executive Magistrates within the District Magistrate's administrative control.
Sub-divisional Magistrate
An Executive Magistrate placed in charge of a sub-division under Section 20 was called the Sub-divisional Magistrate. Section 23 made other Executive Magistrates exercising powers in that sub-division subordinate to the Sub-divisional Magistrate, subject to the District Magistrate's general control.
Section 23 CrPC and Section 17 BNSS
The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 17, titled "Subordination of Executive Magistrates." The BNSS provision continues the basic hierarchy, but its wording is not identical to the former Section 23 CrPC.
| Point | Section 23 CrPC | Section 17 BNSS |
|---|---|---|
| Subject | Subordination of Executive Magistrates | Subordination of Executive Magistrates |
| District Magistrate's control | Executive Magistrates, other than the Additional District Magistrate, were subordinate to the District Magistrate. | States that all Executive Magistrates shall be subordinate to the District Magistrate. |
| Sub-divisional hierarchy | Executive Magistrates other than the Sub-divisional Magistrate, when exercising powers in a sub-division, were subordinate to the Sub-divisional Magistrate, subject to general control of the District Magistrate. | The same basic sub-divisional hierarchy is retained. |
| Distribution of business | District Magistrate could distribute business among subordinate Executive Magistrates and allocate business to an Additional District Magistrate. | District Magistrate may distribute or allocate business among Executive Magistrates subordinate to him. |
Applicability after 1 July 2024
The BNSS came into force on 1 July 2024. Its repeal and saving provision determines the continued application of the former CrPC to proceedings and matters falling within the statutory savings. Therefore, the relevant date and procedural history should be checked before deciding whether the CrPC or BNSS governs a particular proceeding.
Related CrPC provisions
For the surrounding statutory scheme, see Section 21 - Special Executive Magistrates, Section 22 - Local Jurisdiction of Executive Magistrates, Section 24 - Public Prosecutors, and the Code of Criminal Procedure, 1973 index.
Note: This page is a general legal information resource. For a pending or fact-specific matter, the applicable statute, commencement date, saving clause, State notifications and judicial orders should be verified.