Section 17 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Subordination Of Executive Magistrates

1. Code:

(1) All Executive Magistrates 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, 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 Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate to him.

2. Explanation:

This section of the BNSS code defines the hierarchical structure and authority within the Executive Magistrate system.

• Subordination: It establishes that all Executive Magistrates are accountable to the District Magistrate. This means the District Magistrate has oversight over their actions and can provide directives.
• Sub-divisional Magistrate: Within a sub-division, Executive Magistrates (excluding the Sub-divisional Magistrate) also report to the Sub-divisional Magistrate, but ultimately remain under the District Magistrate’s general control.
• Distribution of Work: The District Magistrate is empowered to distribute and allocate tasks among the Executive Magistrates under his jurisdiction. This includes making rules and giving specific instructions to ensure efficient administration.

3. Illustration:

Imagine a district with several sub-divisions. The District Magistrate oversees all Executive Magistrates in the district. Within a sub-division, an Executive Magistrate handling traffic offenses reports to both the Sub-divisional Magistrate and the District Magistrate. The District Magistrate could, for instance, issue a directive to all Executive Magistrates regarding handling domestic violence cases or allocate specific cases to particular magistrates based on their expertise.

4. Common Questions and Answers: on Subordination Of Executive Magistrates

Q: Does this mean the Sub-divisional Magistrate has no control over Executive Magistrates in their sub-division?

A: No, the Sub-divisional Magistrate does have control over Executive Magistrates in their sub-division, but their actions are ultimately subject to the District Magistrate’s overall control.

Q: What happens if the District Magistrate and Sub-divisional Magistrate disagree on an issue?

A: In such a scenario, the District Magistrate’s decision would likely prevail, as they have the higher authority.

Q: Can the District Magistrate delegate his powers completely to the Sub-divisional Magistrate?

A: While the District Magistrate can delegate some responsibilities, they cannot fully delegate their overarching authority as outlined in the BNSS Code.