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Section15
The Code of Criminal Procedure, 1973

Subordination of Judicial Magistrates

Repealed From 01 Apr 1974 Act 2 of 1974 As on 17 Oct 2026

Act 2 of 1974 Ministry Home Affairs Enacted 25 Jan 1974 In force 01 Apr 1974

This provision is repealed. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 15 of the Code of Criminal Procedure, 1973 deals with subordination of Judicial Magistrates. Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge ; The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

(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 Code, as to the distribution of business among the Judicial Magistrates subordinate to him.

Section 15, The Code of Criminal Procedure, 1973 (Act 2 of 1974).

Now in the Bharatiya Nagarik Suraksha Sanhita

BNSS 13 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 The repealed enactment still governs what happened while it was in force.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.

  1. Shiv Pal Singh Chouhan vs The State of Madhya Pradesh

    High Court 20 Sep 2023 Persuasive (High Court)

    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

    Read the full order on eCourts India

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 15

What have the courts held on Section 15 of the Code of Criminal Procedure?

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: 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 15 of the Code of Criminal Procedure?

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: CRPC 15, section 15 CRPC, section 15 of the Code of Criminal Procedure. 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 15 of the Code of Criminal Procedure, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BNSS 13 (Subordination of Judicial Magistrates), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 15 of the Code of Criminal Procedure come into force?

Section 15 of the Code of Criminal Procedure, cited as CRPC 15, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.

Other sections of this Act

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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.