Subordination of Judicial Magistrates
Section 13 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with subordination of Judicial Magistrates. Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; The Act came into force on 01 Jul 2024.
(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him
Section 13, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 15 Subordination of Judicial Magistrates Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Shiv Pal Singh Chouhan vs The State of Madhya Pradesh
Decided under Code of Criminal Procedure 15, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A Magistrate can forward a case to the Chief Judicial Magistrate under Section 325 CrPC only after hearing evidence for prosecution and defence and forming a reasoned opinion that the accused is guilty and deserves a punishment different in kind or more severe than what the Magistrate is empowered to inflict. The Magistrate cannot forward the case merely on the basis that the accused may deserve a heavier sentence without first hearing evidence and forming a reasoned opinion of guilt. The order forwarding the case must be a short but speaking and reasoned order referring to the evidence for prosecution and defence in brief. The opinion recorded by the Magistrate is not binding on the Chief Judicial Magistrate, who must pass a final judgment independently.
On this section: Hierarchical structure of courts - Chief Judicial Magistrate is subordinate to Sessions Judge and Judicial Magistrate First Class is subordinate to Chief Judicial Magistrate
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 13
What have the courts held on Section 13 of the Bharatiya Nagarik Suraksha Sanhita?
Shiv Pal Singh Chouhan vs The State of Madhya Pradesh (20 Sep 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 15, which this section replaced -- the court never mentioned this Act: Hierarchical structure of courts - Chief Judicial Magistrate is subordinate to Sessions Judge and Judicial Magistrate First Class is subordinate to Chief Judicial Magistrate.
How do I find court cases under Section 13 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 13, section 13 BNSS, section 13 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Shiv Pal Singh Chouhan vs The State of Madhya Pradesh (20 Sep 2023).
What should I read with Section 13 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 15 (Subordination of Judicial Magistrates), so the judgments decided under that provision are the case law on this one.
When did Section 13 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 13 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 13, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.