Section 16 BNSS 2023: Local Jurisdiction of Executive Magistrates
Section 16 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the territorial jurisdiction of Executive Magistrates. It authorizes the District Magistrate, subject to State Government control, to define the local limits within which Executive Magistrates may exercise the powers conferred on them under the BNSS.
| Provision | Section 16, Bharatiya Nagarik Suraksha Sanhita, 2023 |
|---|---|
| Chapter | Chapter II - Constitution of Criminal Courts and Offices |
| Subject | Local jurisdiction of Executive Magistrates |
| Primary authority | District Magistrate, subject to the control of the State Government |
| Default territorial rule | Jurisdiction and powers extend throughout the district unless otherwise defined |
| BNSS commencement | 1 July 2024 |
Text of Section 16 BNSS
16. (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 Sanhita.
(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 16
Section 16 deals with where an Executive Magistrate may exercise powers under the BNSS. The provision does not itself confer substantive Executive Magistrate powers. Instead, it determines the territorial limits within which powers already conferred under the Sanhita may be exercised.
The District Magistrate may define local territorial limits from time to time. This power is expressly made subject to the control of the State Government. Where no special territorial definition applies, sub-section (2) establishes the general rule that the Executive Magistrate's jurisdiction and powers extend throughout the district.
Key legal elements of Section 16
- Control of the State Government: The District Magistrate's power to define local limits is expressly subject to State Government control.
- District Magistrate's authority: The District Magistrate may define the local areas within which Executive Magistrates may exercise their powers.
- Flexible territorial limits: The words "from time to time" allow territorial limits to be defined or revised as administrative circumstances require.
- Powers already invested: Section 16 concerns the territorial exercise of powers with which an Executive Magistrate has been invested under the BNSS.
- Default district-wide jurisdiction: Unless a different local limit has been defined, the Executive Magistrate's jurisdiction and powers extend throughout the district.
How Section 16 operates in practice
If the District Magistrate issues an order defining a particular local area for an Executive Magistrate, the Magistrate ordinarily exercises the relevant BNSS powers within that defined area. If no such special territorial limitation applies, Section 16(2) supplies the default position of district-wide jurisdiction.
Accordingly, when the territorial competence of an Executive Magistrate is questioned, the relevant appointment or empowerment order and any order defining local limits should be examined together with Section 16.
Relationship with Sections 14, 15 and 17 BNSS
Section 14 BNSS deals with Executive Magistrates generally. Section 15 BNSS provides for Special Executive Magistrates. Section 16 then deals with the local limits within which Executive Magistrates may exercise their powers, while Section 17 BNSS deals with their subordination.
BNSS commencement and legal status
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. It received assent on 25 December 2023. The Central Government appointed 1 July 2024 as the date on which the Sanhita came into force, subject to the exception stated in the commencement notification concerning the entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 in the First Schedule.
Official resources
For the authoritative statutory text and official material, see India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 PDF and Ministry of Home Affairs - BNSS Commencement Notification.
Frequently asked questions
Who can define the local jurisdiction of an Executive Magistrate under Section 16 BNSS?
The District Magistrate may define the local limits, subject to the control of the State Government.
Does every Executive Magistrate have jurisdiction throughout the district?
By default, yes. Section 16(2) provides that the jurisdiction and powers of every such Magistrate extend throughout the district unless a different territorial definition applies.
Can the territorial limits be changed later?
Yes. Section 16(1) expressly permits the District Magistrate to define the local limits "from time to time".
Does Section 16 itself confer powers on an Executive Magistrate?
No. It regulates the territorial limits within which powers already invested under the BNSS may be exercised.