(1) All Executive Magistrates 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, 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 Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate to him.
Bharatiya Nagarik Suraksha Sanhita
Section 17
Subordination of Executive Magistrates
Englishहिंदी
⚡ Quick Answer Reference: Section 17 BNSS
- Provision: Section 17 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: CONSTITUTION OF CRIMINAL COURTS AND OFFICES
- Jurisdiction: India
- Summary: This section says that Executive Magistrates must follow the District Magistrate and Sub-divisional Magistrate. The District Magistrate can make rules to decide how work is distributed among the Executive Magistrates.
Statutory Content
What does Section 17 of BNSS say?
Indian StandardSection 17, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 17 (India)
Court Pleading StandardSection 17 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/17
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 17 of BNSS mean?
Plain English Explanation
This section says that Executive Magistrates must follow the District Magistrate and Sub-divisional Magistrate. The District Magistrate can make rules to decide how work is distributed among the Executive Magistrates.
Practical Interpretation
In real practice, this section means that Executive Magistrates must take orders from their superiors, the District Magistrate and Sub-divisional Magistrate. The District Magistrate has the power to decide how work is allocated among the Executive Magistrates.
Core Legal Purpose
The core purpose of this section is to establish a clear hierarchy and chain of command among Executive Magistrates, ensuring that they work under the supervision and control of their superiors.
Key Legal Elements
- •All Executive Magistrates must be subordinate to the District Magistrate.
- •Executive Magistrates in a sub-division must also be subordinate to the Sub-divisional Magistrate.
- •The District Magistrate has the power to make rules or give special orders regarding the distribution of work among Executive Magistrates.
- •The rules or orders made by the District Magistrate must be consistent with the Bharatiya Nagarik Suraksha Sanhita.
Practical Example
Practical Example of Section 17 BNSS
Rajesh, an Executive Magistrate, is working in a sub-division under the supervision of Sub-divisional Magistrate, Priya. Priya has the power to give orders to Rajesh and allocate work among other Executive Magistrates in the sub-division. Meanwhile, the District Magistrate, Amit, has the power to make rules regarding the distribution of work among Executive Magistrates in the district. Amit can make rules that affect Rajesh's work, but these rules must be consistent with the Bharatiya Nagarik Suraksha Sanhita.
Common Questions (FAQ)
Frequently Asked Questions about Section 17 BNSS
Q: What is the punishment or consequence under Section 17 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 Executive Magistrates, who are public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it does not apply to criminal classification.
People Also Ask (PAA)
Common Questions about Section 17 BNSS
What is Section 17 of BNSS?
Section 17 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Subordination of Executive Magistrates". In plain terms: This section says that Executive Magistrates must follow the District Magistrate and Sub-divisional Magistrate. The District Magistrate can make rules to decide how work is distributed among the Executive Magistrates.
What is the punishment under Section 17 of BNSS?
Section 17 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 17 of BNSS bailable or non-bailable?
Whether Section 17 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 17 of BNSS?
The essential elements of Section 17 of BNSS are: All Executive Magistrates must be subordinate to the District Magistrate.; Executive Magistrates in a sub-division must also be subordinate to the Sub-divisional Magistrate.; The District Magistrate has the power to make rules or give special orders regarding the distribution of work among Executive Magistrates..
Landmark Case Laws
Landmark Judgments under Section 17 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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