Section 16 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Local Jurisdiction Of Executive Magistrates

Code

(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.

Explanation

This section defines the jurisdictional limits of Executive Magistrates under the Bharatiya Nagarik Suraksha Sanhita (BNSS). It states that:

• The District Magistrate has the authority to define the specific areas within a district where Executive Magistrates can exercise their powers. This power is subject to the overall control of the State Government.
• The District Magistrate can choose to grant full or partial powers to the Executive Magistrates within these defined areas. This means that an Executive Magistrate may have authority over all aspects of law enforcement in a particular area, or only specific powers related to a particular issue.
• Unless the District Magistrate defines specific areas, the jurisdiction of an Executive Magistrate extends to the entire district. This means that they can enforce the law and carry out their duties throughout the whole district unless specifically restricted by the District Magistrate.

Illustration

Imagine a large district divided into several sub-districts or zones. The District Magistrate may decide to grant specific powers to Executive Magistrates in each zone. For example, an Executive Magistrate in Zone A might be authorized to deal with traffic violations, while an Executive Magistrate in Zone B might be responsible for maintaining law and order during public gatherings.

Common Questions and Answers

Q: Can the State Government overrule the District Magistrate’s decision on the jurisdiction of Executive Magistrates?

A: Yes, the State Government has the ultimate authority over the administration of law enforcement, and can overrule the District Magistrate’s decision regarding the jurisdiction of Executive Magistrates.

Q: What if an Executive Magistrate is required to act in an area outside of their defined jurisdiction?

A: In such cases, they may need to request permission from the District Magistrate to extend their jurisdiction temporarily. This would depend on the specific circumstances and the nature of the situation.