CrPC Section 21 - Special Executive Magistrates
Section 21 of the Code of Criminal Procedure, 1973 dealt with the appointment of Special Executive Magistrates. Its corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 15.
Section 21 of CrPC, 1973 - Original statutory text
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 this Code on Executive Magistrates, as it may deem fit.
BNSS Section 15 - Special Executive Magistrates
Section 15 of the BNSS continues the provision for the State Government to appoint Executive Magistrates designated as Special Executive Magistrates, for specified areas or functions and for a term determined by the State Government. The Government may confer on them such powers of Executive Magistrates as it considers appropriate under the BNSS.
The BNSS provision should be read together with Section 14 (Executive Magistrates), Section 16 (Local jurisdiction of Executive Magistrates) and Section 17 (Subordination of Executive Magistrates).
Meaning and scope of the provision
Who is a Special Executive Magistrate?
A Special Executive Magistrate is an Executive Magistrate specifically appointed by the State Government for a particular area or for specified functions. The designation does not, by itself, confer every power available to every Executive Magistrate.
Who makes the appointment?
The State Government is the appointing authority. The term, territorial assignment, functional remit and powers depend on the relevant appointment and empowerment orders, read with the governing statute.
What powers can be conferred?
The State Government may confer powers that the applicable procedural law permits to be exercised by Executive Magistrates. The scope of any appointment should be checked against the notification or order conferring powers; it should not be assumed that all Executive Magistrate powers automatically apply.
How is the office different from a Judicial Magistrate?
Executive Magistrates perform statutory executive and preventive functions assigned by law. Judicial Magistrates form part of the criminal court structure and exercise judicial powers under the applicable procedural framework. Their roles and appointment arrangements are distinct.
Uttar Pradesh amendment note in the earlier webpage
The earlier webpage attributed the following passage to Uttar Pradesh Act 16 of 1976, Section 5:
"Provided that nothing in this sub-section shall be construed to prohibit the State Government from exercising its control over Assistant Public Prosecutor through police officers."
Editorial clarification: This quoted passage refers to a sub-section (2) concerning Assistant Public Prosecutors, whereas the central text of CrPC Section 21 on Special Executive Magistrates has no sub-section (2). It therefore appears to have been associated with the wrong CrPC section in the original webpage. It is preserved here as a historical source note, not presented as an amendment to Section 21 or BNSS Section 15. Any reliance on the historical state amendment requires checking the enacted state legislation and its present legal status.
Practical considerations
When assessing an order made by a Special Executive Magistrate, identify the appointing notification, the term of appointment, the geographic or functional limits, and the precise powers conferred. Other provisions governing jurisdiction, procedure and supervision may also apply.
Official legislation and further reading
Consult the India Code official legislation database for the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), including Section 15 and its surrounding provisions. The Ministry of Home Affairs provides information on the new criminal laws. For the previous law, see the Code of Criminal Procedure, 1973 guide.