Section 32 CrPC and Section 26 BNSS: Mode of Conferring Powers

The mode of conferring powers determines how the High Court or State Government authorises persons and classes of officials to exercise powers under criminal procedure law. The current corresponding provision is Section 26 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Section 32 CrPC - Mode of conferring powers

Section 26 BNSS - Current corresponding provision

Section 26 of the BNSS, 2023 retains the substance of Section 32 CrPC. Under Section 26(1), the High Court or State Government, as applicable, may confer powers by an order identifying a particular person, the holder of an office, or a class of officials by official title. Under Section 26(2), the order takes effect on the date it is communicated to the person empowered.

Meaning and legal effect of the provision

1. Competent authority

The High Court or State Government may confer powers where authorised by the applicable provisions of the BNSS. Section 26 does not itself give either authority an unrestricted right to confer every criminal court power.

2. Conferral by name, office or class

An order may empower an identified individual by name, an official because of the office held, or a defined class of officials described by their official titles. The precise extent of authority depends on the enabling provision and terms of the order.

3. Requirement of an order

Conferral under this section is made by order. Appointment to an office and the conferral of particular statutory powers should not be treated as automatically identical in every case.

4. Date on which powers take effect

The statutory rule expressly links commencement to communication of the order to the person empowered. Merely issuing or signing an order does not, under this provision alone, establish an earlier effective date.

Practical example

Suppose the competent State Government issues an order empowering a specified category of officials to exercise particular BNSS powers. Section 26 permits an order framed by official title, while sub-section (2) makes communication of that order material to when it takes effect. The scope of the power must still be checked against the underlying statutory provision and the order itself.

Related provisions and transition from CrPC

Section 27 BNSS concerns powers of officers appointed; Section 28 BNSS concerns withdrawal of powers; and Section 29 BNSS addresses powers exercisable by successors in office. These correspond broadly to Sections 33, 34 and 35 CrPC respectively.

Section 531 BNSS repeals the CrPC subject to savings. Its provisions preserve the application of the earlier Code to specified pending appeals, applications, trials, inquiries and investigations, among other matters. The applicable procedure should therefore be determined from the facts and stage of the particular proceeding.

Frequently asked questions

Which BNSS section replaces Section 32 CrPC?

Section 26 BNSS, titled Mode of conferring powers, is the corresponding provision.

Can powers be granted to an entire class of officials?

Yes. The provision permits conferral by official title on a class of officials, subject to the relevant statutory authority and the terms of the order.

When does an order conferring powers become effective?

Under Section 26(2) BNSS, it takes effect from the date the order is communicated to the person empowered.

Does Section 26 prescribe any criminal punishment?

No. It regulates the mode of conferring statutory powers; it does not define an offence or prescribe a penalty.

Official legal sources

This article provides general legal information. For a particular order or pending proceeding, consult the operative legislation, notification and case record.