POWER OFCOURTSCentral

Section 28 of The Bharatiya Nagarik Suraksha Sanhita, 2023

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(2)Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred

Summary

The High Court or State Government has the power to cancel any legal authority they previously gave to an individual or a lower level officer.
A Chief Judicial Magistrate has the specific right to take back any powers that they were the one to grant.
A District Magistrate is authorized to withdraw any powers that they personally conferred on someone else.
This provision ensures that authorities who give power also have the ability to remove it if it is no longer needed or appropriate.

Practical examples

1Judge Anita was given special judicial powers by the High Court in January 2024 to handle overflow cases, but the High Court decides to cancel those specific powers in December 2025.

2The State Government gave a local administrator the power to act as a Magistrate during a three day religious festival, but they withdraw that power immediately after the event ends.

3A District Magistrate gave a junior officer special authority to handle land disputes for a month, but takes the power back after two weeks because the task is finished.

FAQ

1. Can the High Court take away a person's legal authority under Section 28 of The Bharatiya Nagarik Suraksha Sanhita, 2023?

Yes, Section 28 of The Bharatiya Nagarik Suraksha Sanhita, 2023 allows the High Court or State Government to withdraw any powers they have conferred on a person.

2. Who can withdraw powers granted by a District Magistrate under The Bharatiya Nagarik Suraksha Sanhita, 2023?

According to Section 28 of the Act, powers conferred by a District Magistrate can be withdrawn by that same District Magistrate.

3. Does the State Government have the authority to remove powers from subordinate officers under the 2023 criminal procedure law?

Yes, Section 28 of The Bharatiya Nagarik Suraksha Sanhita, 2023 states that the State Government can withdraw powers it conferred on any officer subordinate to it.

Test yourself

Q1.Under Section 28 of The Bharatiya Nagarik Suraksha Sanhita, 2023, who is authorized to withdraw powers that were originally conferred by the Chief Judicial Magistrate?

Q2.Which authority can withdraw powers it conferred on a person under Section 28 of The Bharatiya Nagarik Suraksha Sanhita, 2023?

Q3.If a District Magistrate confers specific powers on an officer, who has the power to withdraw them according to Section 28 of The Bharatiya Nagarik Suraksha Sanhita, 2023?

Q4.Under Section 28 of The Bharatiya Nagarik Suraksha Sanhita, 2023, can the High Court withdraw "all or any" of the powers it has conferred?

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