Section 27 BNSS: Powers of officers appointed (Formerly Section 33 CrPC)

Section 27 of Bharatiya Nagarik Suraksha Sanhita, 2023: Powers of officers appointed

Official Bare Act Text

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

Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Sanhita throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

Legal Commentary & Landmark Judgments: Section 27

Section 27 provides that whenever any person holding an office in the service of Government who has been invested by the High Court or State Government with any powers under this Sanhita is transferred to an equal or higher office, they continue to exercise those powers in the new local area.

Transfer of Invested Officer: Officer invested with magisterial powers transferred to an equal or higher office within the same State.
Automatic Continuation of Powers: Continues to exercise those powers within the new local area unless directed otherwise.
Administrative Continuity: Prevents paralysis of judicial administration upon routine inter-district judicial transfers.

Key Landmark Precedents:

State of Bihar v. Bal Mukund Sah (2000) 4 SCC 640: Noted that statutory continuation clauses preserve judicial momentum across administrative cadre shifts.
Jaswant Singh v. Virender Singh (1995) Supp 1 SCC 384: Reaffirmed the principle that judicial officers retain invested jurisdictional powers upon transfer to equivalent divisions.

Courtroom Practice & Strategic Litigation Guidance:

When a transferred magistrate assumes office, Section 27 operates automatically. The officer does not need a de novo notification to conduct committals, inquiries, or trials in the new district.