Section 28 BNSS: Withdrawal of powers (Formerly Section 34 CrPC)

Section 28 of Bharatiya Nagarik Suraksha Sanhita, 2023: Withdrawal of powers

Official Bare Act Text

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

(1) The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this Sanhita on any person or by any officer subordinate to it.

(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.

Legal Commentary & Landmark Judgments: Section 28

Section 28 regulates the withdrawal of powers, empowering the High Court or the State Government, as the case may be, to withdraw all or any of the powers conferred by it under this Sanhita upon any person.

Competence to Withdraw: The authority that conferred the powers (High Court or State Government) possesses corresponding power to withdraw.
Subordinate Officer Powers: Powers conferred by a CJM or DM may be withdrawn by the respective CJM or DM.
Immediate Cessation: Judicial or executive authority ceases immediately upon formal communication of withdrawal.

Key Landmark Precedents:

High Court of Judicature at Bombay v. Shashikant S. Patil (2000) 1 SCC 416: The Supreme Court affirmed the constitutional power of the High Court to withdraw judicial work and disciplinary powers from judicial officers.
State of U.P. v. Batuk Deo Pati Tripathi (1978) 2 SCC 102: Held that withdrawal of powers is an intrinsic aspect of judicial administration and superintendence.

Courtroom Practice & Strategic Litigation Guidance:

If judicial work is officially withdrawn from a magistrate during a pending inquiry, any orders passed thereafter are coram non judice and void.