Section 14 – Executive Magistrates | BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023

ARRANGEMENT OF SECTIONS

CHAPTER II: CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Section 14: Executive Magistrates.

Bare Act

(1) In every district, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.
(2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Sanhita or under any other law for the time being in force as may be directed by the State Government.
(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Sanhita on the District Magistrate.
(4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate.
(5) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.
(6) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate.

Simplified Act and examples below are previews.

(1) In every district, the State Government can appoint as many people as it wants to be Executive Magistrates and will choose one of

Scenario: Appointment of Executive Magistrates in a District

Context: The State Government of Maharashtra decides to appoint Executive Magistrates in the district of Pune.

Application:

The State Government appoints Mr. A, Mr. B, and Ms. C as Executive Magistrates for Pune district.
Among them, Mr. A is appointed as the District Magistrate of Pune.
The State Government also appoints