Section 23 of CrPC : Section 23: Subordination of Executive Magistrates.

Explanation using Example

Example 1:

Scenario: A public protest is planned in a sub-division of a district.

Application of Section 23:

• The Executive Magistrate in charge of the sub-division receives information about the protest and decides to impose Section 144 of the Code of Criminal Procedure, 1973, which prohibits the assembly of five or more people.
• The Sub-divisional Magistrate (SDM) reviews the decision and finds it appropriate, thus endorsing the order.
• The District Magistrate (DM), who has overarching control, reviews the situation and decides that the protest could be managed without imposing Section 144. The DM then issues a special order to the Executive Magistrate to withdraw the Section 144 order and instead deploy additional police forces to manage the protest.

Explanation: This example shows how the Executive Magistrate is subordinate to the SDM and the DM, and how the DM has the authority to issue special orders to manage the situation.

Example 2:

Scenario: A local festival is scheduled to take place in a district, requiring various permissions and coordination among different Executive Magistrates.

Application of Section 23:

• The District Magistrate (DM) issues a rule that all permissions for the festival, such as traffic management, noise control, and public safety, must be coordinated through the Additional District Magistrate (ADM).
• The Executive Magistrates in different sub-divisions of the district are instructed to report their plans and seek approval from the ADM.
• One of the Executive Magistrates in a sub-division proposes a plan for traffic diversion during the festival. The Sub-divisional Magistrate (SDM) reviews and approves the plan, but it is subject to the final approval of the ADM as per the DM's rule.
• The ADM reviews all the plans and ensures they are consistent with the overall strategy for the festival, making adjustments as necessary.

Explanation: This example illustrates how the DM can make rules for the distribution of business among Executive Magistrates and allocate specific responsibilities to the ADM, ensuring coordinated efforts for public events.