Section 26 BNSS: Mode of conferring powers (Formerly Section 32 CrPC)

Section 26 of Bharatiya Nagarik Suraksha Sanhita, 2023: Mode of conferring powers

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) In conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles.

(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.

Legal Commentary & Landmark Judgments: Section 26

Section 26 prescribes the mode of conferring powers on public officers under the Sanhita, authorizing the High Court or State Government to confer powers by name or by virtue of office.

Conferment Authority: Powers conferred by High Court or State Government as authorized under the BNSS.
Mode of Notification: Conferred either specially by name or by virtue of official designation/office.
Effective Date: Takes effect from the date of communication of the order or publication in the Official Gazette.

Key Landmark Precedents:

State of U.P. v. Batuk Deo Pati Tripathi (1978) 2 SCC 102: Affirmed that conferring magisterial powers 'by virtue of office' automatically empowers subsequent incumbents occupying that post without individual notifications.
Ramji Dayawala & Sons v. Invest Import (1981) 1 SCC 80: Reiterated that executive orders conferring judicial authority must follow the exact statutory publication method.

Courtroom Practice & Strategic Litigation Guidance:

In trials before Special Courts, inspect the gazette notification to verify whether the officer was empowered by name or by designation. If by name, a transferred successor cannot preside without a fresh notification.