The State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Sanhita on Executive Magistrates, as it may deem fit.
Bharatiya Nagarik Suraksha Sanhita
Section 15
Special Executive Magistrates
⚡ Quick Answer Reference: Section 15 BNSS
- Provision: Section 15 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONSTITUTION OF CRIMINAL COURTS AND OFFICES
- Jurisdiction: India
- Summary: The State Government can appoint Special Executive Magistrates for a specific term to handle particular areas or tasks. These magistrates will have the same powers as regular Executive Magistrates.
What does Section 15 of BNSS say?
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What does Section 15 of BNSS mean?
Plain English Explanation
The State Government can appoint Special Executive Magistrates for a specific term to handle particular areas or tasks. These magistrates will have the same powers as regular Executive Magistrates.
Practical Interpretation
In practice, this section allows the State Government to temporarily assign additional authority to police officers or Executive Magistrates for specific tasks or areas, enhancing their ability to maintain law and order.
Core Legal Purpose
The core purpose of this section is to empower the State Government to adapt its law enforcement mechanisms to address specific challenges or situations, ensuring effective governance and public safety.
- •The State Government must appoint Special Executive Magistrates for a specific term.
- •The appointees must be Executive Magistrates or police officers not below the rank of Superintendent of Police or equivalent.
- •The State Government must confer specific powers on Special Executive Magistrates.
- •The conferred powers must be those that are conferrable under this Sanhita on Executive Magistrates.
Practical Example of Section 15 BNSS
Rajesh, a Superintendent of Police, is appointed as a Special Executive Magistrate by the State Government to handle a specific law and order situation in a particular area. He is given the powers to make arrests, issue warrants, and conduct investigations, which are typically reserved for Executive Magistrates. Rajesh's appointment is for a specific term, and he is expected to report back to the State Government upon completion of his duties.
Frequently Asked Questions about Section 15 BNSS
Q: What is the punishment or consequence under Section 15 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, specifically the State Government, which has the authority to appoint Special Executive Magistrates.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses. Therefore, it does not classify offenses as bailable or cognizable.
Common Questions about Section 15 BNSS
What is Section 15 of BNSS?
Section 15 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Special Executive Magistrates". In plain terms: The State Government can appoint Special Executive Magistrates for a specific term to handle particular areas or tasks. These magistrates will have the same powers as regular Executive Magistrates.
What is the punishment under Section 15 of BNSS?
Section 15 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 15 of BNSS bailable or non-bailable?
Whether Section 15 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 15 of BNSS?
The essential elements of Section 15 of BNSS are: The State Government must appoint Special Executive Magistrates for a specific term.; The appointees must be Executive Magistrates or police officers not below the rank of Superintendent of Police or equivalent.; The State Government must confer specific powers on Special Executive Magistrates..
Landmark Judgments under Section 15 BNSS
Sections commonly cited alongside Section 15
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