Subordination of Executive Magistrates
Section 23 of the Code of Criminal Procedure, 1973 deals with subordination of Executive Magistrates. All Executive Magistrates, other than the Additional District Magistrate, 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, subjec 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) All Executive Magistrates, other than the Additional District Magistrate, 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, however, 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 Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an additional District Magistrate.
Section 23, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 17 Subordination of Executive Magistrates Text carried over almost unchanged 95%
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 The repealed enactment still governs what happened while it was in force.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.
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Ravi Kumar Sharda vs Narinder Singh
Court's Decision & Legal Precedent
The District Magistrate has statutory authority under Section 23 Cr.P.C. to delegate complaint investigation to subordinate Executive Magistrates such as the SDM. The delegation of complaints regarding water obstruction and debris dumping to the SDM was valid. Complaints alleging obstruction of water flow in a rivulet and diversion of water toward residential properties constitute allegations of public nuisance and warrant investigation. The endorsement of a complaint by an elected representative (MLA) does not invalidate the allegations or suggest political motivation. A petitioner seeking to quash proceedings under Section 482 Cr.P.C. cannot succeed merely by raising counter-allegations or suggesting political overtones when the complaints disclose a cognizable offense or public nuisance.
On this section: Authority of District Magistrate to distribute work among subordinate Executive Magistrates; court held that SDM is subordinate to District Magistrate and delegation was valid
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 23
What have the courts held on Section 23 of the Code of Criminal Procedure?
Ravi Kumar Sharda vs Narinder Singh (01 Dec 2010) is the leading judgment on this section among those set out below: Authority of District Magistrate to distribute work among subordinate Executive Magistrates; court held that SDM is subordinate to District Magistrate and delegation was valid.
How do I find court cases under Section 23 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 23, section 23 CRPC, section 23 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 Ravi Kumar Sharda vs Narinder Singh (01 Dec 2010).
What should I read with Section 23 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 17 (Subordination of Executive Magistrates), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 23 of the Code of Criminal Procedure come into force?
Section 23 of the Code of Criminal Procedure, cited as CRPC 23, 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
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.