Section 22 CrPC: Local Jurisdiction of Executive Magistrates and BNSS Section 16
Section 22 of the Code of Criminal Procedure, 1973 governed the territorial jurisdiction of Executive Magistrates. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 16, in force from 1 July 2024.
Section 22 CrPC - Statutory Text
(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
Local jurisdiction means the geographical area within which an Executive Magistrate may exercise the statutory powers conferred on that officer. The provision authorises the District Magistrate, subject to the control of the State Government, to specify territorial limits for Executive Magistrates.
Sub-section (1) permits the District Magistrate to define or revise the territorial areas in which an Executive Magistrate may exercise all or specified powers. The provision concerns territorial limits; it does not, by itself, confer every power available under criminal procedure law.
Sub-section (2) establishes the default rule: unless territorial limits are otherwise defined, the Magistrate's jurisdiction and powers extend throughout the district.
Corresponding Current Law: Section 16 BNSS, 2023
Section 16 of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries forward the rule governing the local jurisdiction of Executive Magistrates. It substitutes the reference to the former Code with a reference to the Sanhita, without materially altering the basic territorial rule.
Section 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.
Section 16(2): Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
Repeal, Savings and Existing Jurisdiction Orders
Section 531(1) BNSS repeals the Code of Criminal Procedure, 1973. Section 531(2)(a) preserves the application of the former Code to specified appeals, applications, trials, inquiries and investigations pending immediately before commencement, as provided in that clause.
Section 531(2)(b) also addresses continuity of, among other things, local jurisdictions defined and powers conferred under the former Code that were in force immediately before commencement. Such matters are deemed to continue under corresponding BNSS provisions, subject to the terms of the saving clause.
Practical Application
When determining whether an Executive Magistrate may act in a particular area, identify the relevant statutory power and check whether a valid territorial allocation or jurisdiction order has been issued by the competent authority. If no different local limits have been defined, the district-wide default under Section 16(2) BNSS applies.
Official Legal References
Read the official BNSS, 2023 text (India Code PDF), including Sections 14 to 17 and 531, and the Bureau of Police Research and Development BNSS reference PDF. These sources should be checked for any later amendments and applicable state orders.