Section 10 of BNSS

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Introduction of Section 10 of BNSS

Section 10 of BNSS talks about Executive Magistrates in every district of India. These are government officials appointed to maintain law and order. They are different from Judicial Magistrates and perform administrative and preventive duties. The State Government appoints them under guidance from the High Court. They play a key role in public safety, especially during emergencies, protests, or local disputes.

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What is BNSS Section 10 ?

BNSS Section 10 defines that the State Government shall appoint Executive Magistrates in every district and sub-division. These officers include the District Magistrate, Additional District Magistrates, and Sub-Divisional Magistrates, responsible for maintaining peace, security, and coordination with police and other authorities.

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BNSS Section of 10 in Simple Points

1. Appointment of Executive Magistrates

Under BNSS Section 10, the State Government appoints Executive Magistrates in every district. These include the District Magistrate (DM), Additional District Magistrate (ADM), and Sub-Divisional Magistrates (SDM). Their job is to maintain law and order in public areas. The government can assign more Executive Magistrates as per need. This appointment helps in efficient administration of criminal law at the ground level. These officers handle emergencies, ensure peace, and help police forces when needed. They act fast to prevent crimes before they happen.

2. Role of the District Magistrate

The District Magistrate (DM) is the senior-most Executive Magistrate in a district. They coordinate with police, health, and other departments during public safety threats. The DM has the authority to issue curfews, prohibit gatherings (Section 144 orders), and take preventive actions. In criminal law administration, the DM works as the primary link between the State Government and law enforcement. This position carries immense power and responsibility, especially during elections, protests, or disasters.

3. Sub-Divisional Magistrates (SDMs)

In large districts, the government divides areas into sub-divisions, and each is supervised by a Sub-Divisional Magistrate (SDM). The SDM ensures public order, monitors revenue matters, and handles complaints. They can issue legal orders, call the police for help, or handle minor criminal issues. SDMs work closely with police stations and local panchayats to manage peace. Their local presence allows quicker response during emergencies. They are crucial for rural and semi-urban justice systems.

4. Special Powers under Law

Executive Magistrates have special powers under preventive sections of law like Section 144, CrPC 107 to 110, and CrPC 133. These laws allow them to stop unlawful assemblies, prevent nuisances, and bind people to good behavior. They can also restrict public movements or gatherings to avoid violence. Their powers are administrative but directly affect citizens’ day-to-day life. This preventive nature of their duties makes their role important during tense or risky situations.

5. Separation from Judicial Magistrates

Executive Magistrates are not judges. They are administrative officers, unlike Judicial Magistrates who hear and decide criminal cases in court. Executive Magistrates help enforce the law on the ground and take preventive actions. Their orders can be challenged in court, but they are essential for quick decisions in crisis. This clear separation ensures that judicial and executive powers are balanced, preventing misuse and ensuring accountability in legal processes.

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Section 10 of BNSS Overview

BNSS Section 10 deals with the appointment of Executive Magistrates in every district and subdivision. These officers are appointed by the State Government to perform preventive and administrative functions for maintaining law and order. The section mentions various Executive Magistrates such as the District Magistrate (DM), Additional District Magistrate (ADM), and Sub-Divisional Magistrate (SDM). They are not judges but officials who help prevent crimes and maintain peace in their area. Their actions are especially useful during emergencies like riots, protests, and disasters.

10 Key Points of BNSS Section 10

1. Appointment by the State Government

BNSS Section 10 empowers the State Government to appoint Executive Magistrates in each district and subdivision. This is done to ensure law and order is properly maintained at the local level. The appointment is based on the need and size of the area. These officers are generally chosen from the Indian Administrative Service (IAS) or State Civil Services. Their main job is to act swiftly in situations that might disturb public peace. They are expected to be present and ready in times of crisis. This power helps the state manage administration effectively. It’s a core part of district governance.

2. Role of the District Magistrate (DM)

The District Magistrate is the head Executive Magistrate of a district. The DM manages all other Executive Magistrates and ensures the district runs smoothly. He or she handles major issues like curfews, riots, elections, and disasters. The DM also acts as the main point of contact between the government and local officers. Orders issued by the DM carry legal authority. The DM is responsible for ensuring peace, proper functioning of public services, and quick action in emergencies. This role is one of the most powerful in district administration. It ensures stable governance at the local level.

3. Additional District Magistrate (ADM)

The ADM assists the DM and takes charge when the DM is unavailable or overburdened. The ADM also has powers under BNSS Section 10 to manage public order. They are appointed to handle large districts or where the workload is high. ADMs can issue orders, conduct hearings, and manage protests or land disputes. They are often responsible for coordination during public festivals or gatherings. Their presence allows quicker decision-making in urgent matters. The ADM strengthens the administration by reducing pressure on the DM. This support role is essential in modern-day district management.

4. Sub-Divisional Magistrate (SDM)

The SDM is appointed in subdivisions of a district. These are smaller areas that need focused supervision. The SDM manages law and order, revenue collection, and handles public complaints. He/she has powers to take preventive action under laws like Section 144. The SDM works closely with police officers to stop crimes before they happen. They also resolve land and property disputes. In rural and semi-urban areas, the SDM is the first authority people approach for help. Their work ensures justice and safety reach even small towns and villages. This makes administration more people-friendly.

5. Preventive Powers

Executive Magistrates can act before a crime occurs. They are given powers under laws like CrPC Sections 107 to 110, 133, and 144. These allow them to stop unlawful gatherings, prevent public nuisance, and bind people to good behaviour. For example, during a tense situation, the SDM can stop a rally or impose curfew. These powers help prevent law and order issues from getting worse. Their orders are legally binding and must be followed. This proactive role makes them different from judges. Their aim is to protect peace before a case reaches the court.

6. Public Safety During Emergencies

During emergencies like floods, riots, or health outbreaks, Executive Magistrates play a central role. They coordinate rescue operations, ensure the supply of essentials, and protect public property. Their decisions are fast and directly affect public safety. For instance, during COVID-19, Executive Magistrates implemented lockdowns and safety protocols. They also managed public gatherings and hospital arrangements. In crisis times, they act as the government’s frontline officers. Their quick decisions often save lives and restore peace. This makes them very important for emergency management.

7. Issuing Orders under Section 144

One of the most known powers of Executive Magistrates is issuing orders under Section 144 CrPC. This allows them to prohibit unlawful assembly of five or more people in an area. This is used when there is a chance of violence or public unrest. It is also used during exams, elections, or sensitive times like religious festivals. The SDM or DM can issue such orders to prevent damage or conflict. These orders are time-bound and have legal consequences if disobeyed. This helps maintain peace in the area. It is one of their most commonly used tools.

8. Coordination with Police and Local Bodies

Executive Magistrates work in close coordination with the police and municipal officers. They ensure proper implementation of law, sanitation, safety, and emergency services. For example, during a fire outbreak, the Magistrate ensures fire services, medical help, and police control. They also coordinate during political rallies or protests to avoid clashes. Their presence in such situations assures the public. This teamwork helps maintain discipline and control. Coordination makes governance smoother and more effective. It also builds trust between citizens and administration.

9. Not a Judicial Role

An Executive Magistrate is not a judge and does not conduct regular trials. They are administrative officers who perform legal functions without giving verdicts in criminal or civil cases. Their orders may be challenged in court, but they are important for field-level decision-making. They handle law and order on the spot and act in real-time. Unlike judges, their role is to enforce, not decide on guilt. This separation ensures that power is not misused. It also maintains balance between judiciary and executive branches.

10. Importance in Grassroot Governance

Executive Magistrates bring governance closer to people. Their presence in each district and subdivision makes sure that citizens do not have to wait for action. They respond to local complaints, disputes, and prevent chaos before it begins. Whether it is a market fight or a large protest, their action is immediate. Their position ensures public trust in the government’s ability to maintain peace. Without them, administration would become slow and distant. They are the eyes and ears of the State Government in every local area.

Examples of BNSS Section 10 in Real Life

1. Example 1 – Imposing Curfew:
   During a violent protest in a district, the District Magistrate uses powers under Section 144 to impose a curfew and prevent gathering of people. This is an action under BNSS Section 10 by an Executive Magistrate.
2. Example 2 – Preventive Arrest:
   A group planning a riot is identified in a subdivision. The Sub-Divisional Magistrate directs police to detain them temporarily under preventive laws. This is again based on the Executive Magistrate’s authority under Section 10.

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Section 10 of BNSS Short Information

BNSS 10	Details
Section Name	BNSS Section 10
Focus	Executive Magistrates
Who Appoints	State Government
Main Officers	District Magistrate (DM), ADM, Sub-Divisional Magistrates
Function	Maintain law and order, preventive actions, public safety
Bailable/Non-Bailable	Not Applicable – They are officers, not accused in cases

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BNSS Section 10 FAQs

BNSS 10

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