Section 29 BNSS: Powers of Judges and Magistrates exercisable by their successors-in-office (Formerly Section 35 CrPC)

Section 29 of Bharatiya Nagarik Suraksha Sanhita, 2023: Powers of Judges and Magistrates exercisable by their successors-in-office

Official Bare Act Text

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

(1) Subject to the other provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.

(2) When there is any doubt as to who is the successor-in-office, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office.

(3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purpose of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g)

Legal Commentary & Landmark Judgments: Section 29

Section 29 ensures judicial continuity by providing that the powers and duties of any Judge or Magistrate may be exercised or performed by their successor-in-office.

Successor-in-Office: A Judge or Magistrate succeeding another upon transfer, retirement, promotion, or death.
Continuity of Record: Authorized to continue trials, sign decrees, pronounce reserved judgments, or execute warrants issued by the predecessor.
CJM/Sessions Determination: Any doubt as to who is the successor is resolved conclusively by the Sessions Judge or CJM.

Key Landmark Precedents:

Surendra Singh v. State of U.P. AIR 1954 SC 194: The Supreme Court clarified that a successor judge may pronounce a judgment written by a predecessor provided it was formally signed and ready for delivery.
Jaswant Singh v. Virender Singh (1995) Supp 1 SCC 384: Affirmed that judicial proceedings do not abate upon transfer of the presiding officer; the successor continues from the stage reached.

Courtroom Practice & Strategic Litigation Guidance:

Under Section 29 read with Section 365 BNSS (old Section 326 CrPC), a successor magistrate can act on evidence recorded by their predecessor. If de novo trial is desired, specific prejudice must be demonstrated.