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CrPC · Chapter II · Constitution of criminal courts and offices

CrPC section 21 in the BNSS

CrPC 21BNSS 15

CrPC section 21, “Special Executive Magistrates”, is now BNSS section 15 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 21 to BNSS 15

Now BNSS section 15. The State Government may now also appoint a police officer not below the rank of Superintendent of Police (or equivalent) as a Special Executive Magistrate.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 21 Special Executive Magistrates

The State Government may appoint, for such term as it may think fit, Executive Magistrates, 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 Code on Executive Magistrates, as it may deem fit.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 15 Special Executive Magistrates

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.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

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