Chapter II

Section 23 CrPC: Subordination of Executive Magistrates

New Law Update (2024)

Section 22 BNSS

TRIAL COURT

Punishment

Procedural / Administrative

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(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.

Important Sub-Sections Explained

Section 23(1)

This sub-section establishes the hierarchical structure among Executive Magistrates, mandating that all Executive Magistrates (excluding the Additional District Magistrate) are subordinate to the District Magistrate. Within a sub-division, Executive Magistrates (excluding the Sub-divisional Magistrate) are also subordinate to the Sub-divisional Magistrate, though always under the District Magistrate’s overall control.

Landmark Judgements

Draft Format / Application

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