S.15 BNSS | Madras High Court Stays Govt Order Allowing Police To Exercise Powers Of Special Executive Magistrate

The bench of Justice N Sathish Kumar and Justice M Jothiraman has stayed the Government Order issued by the Home (Courts – VIA) Department) on December 4, 2025, under Section 15 of the BNSS.

As per Section 15, 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 court ordered an interim stay on a petition filed by Nallathambi of Madurai. Nallathambi challenging the constitutional validity of the GO.

Nallathambi had approached the court after he was asked to submit a bond of good behaviour by the Deputy Commissioner of Police (North) Madurai based on a report by the Inspector of Police, Pudur Police Station. The Deputy Commissioner, under Section 130 of BNSS, had directed Nallathambi to execute a bond of Rs. 50,000 with two sureties. Nallathambi pointed out that the Deputy Commissioner had exercised powers under the impugned GO while directing bond.

It was submitted that a division bench had previously quashed a similar GO issued by the State, holding that it violated the separation of powers. He argued that even as per Section 5 of the BNSS, the provisions of the BNSS are subject to the provisions of any special or local law. He pointed out that as per Section 6 of the Tamil Nadu District Police Act, police authorities were prohibited from possessing or exercising any judicial or revenue authority and thus the impugned GO was against the local law.

Nallathambi also argued that conferment of such judicial powers to the police authorities would violate the principle of separation of powers. It was submitted that Section 141 of the BNSS, which gives powers to punish in case of vi9lation of security, expressly uses the term “Magistrate” and not “Executive Magistrate”, and it must be interpreted in such a way so as to strengthen the principle of separation of powers.

Nallathambi also pointed out that Section 15 of BNSS only permits appointing police as executive magistrate “for such term” which would indicate that the appointment should be for a fixed term. However, he pointed out that the impugned GO had given powers of Executive Magistrate to the police perpetually, which was ultra vires the provision of the BNSS.

Thus, Nallathambi had sought to declare the GO as illegal and ultra vires the provisions of the Constitution.

Case Title: Nallathambi v The State of Tamil Nadu and Others

Citation: 2026 LiveLaw (Mad) 143

Case No: WP (MD) 8944 of 2026