Criminal Procedure in India | Updated October 2026

Section 33 CrPC and Section 27 BNSS: Powers of Officers Appointed

An officer invested with statutory powers may continue exercising those powers upon appointment to an equal or higher office of the same nature within a like local area under the same State Government, unless the competent authority directs otherwise.

Section 27 BNSS: Powers of officers appointed

Section 27 of the BNSS provides that when a person holding a government office has been invested by the High Court or State Government with powers under the Sanhita throughout a local area and is appointed to an equal or higher office of the same nature within a like local area under the same State Government, the person continues to exercise those powers in the new local area, unless the High Court or State Government has directed, or directs, otherwise.

Section 33 CrPC: Original provision

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 Code 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.

The substance of this rule is carried forward in Section 27 BNSS, with the reference to the earlier Code replaced by the Sanhita.

Conditions for continuation of powers

1. Existing conferment: The High Court or State Government must previously have invested the government officer with powers under the applicable procedural law.
2. New appointment: The officer must be appointed to an equal or higher office of the same nature.
3. Comparable territorial area: The new appointment must be within a like local area under the same State Government.
4. No contrary direction: The High Court or State Government must not have issued a direction displacing continuation of those powers.

Legal meaning and practical effect

Invested with powers means that the competent authority has legally conferred specified powers on an officer. Equal or higher office of the same nature refers to an appointment that preserves the character of the office rather than an unrelated post. Like local area describes the corresponding territorial setting required by the section.

For example, if an officer has been conferred specified powers for one district and is subsequently appointed to an equivalent office in another comparable district under the same State Government, the provision may allow continuation of those powers without a fresh conferment order, provided every statutory condition is satisfied and there is no contrary direction. This is an illustration, not an automatic rule for every transfer.

Related provisions

Section 26 BNSS (Section 32 CrPC) addresses the mode of conferring powers by the High Court or State Government. Section 28 BNSS (Section 34 CrPC) addresses withdrawal of powers. Section 29 BNSS (Section 35 CrPC) addresses powers exercisable by successors in office. These provisions should be read together where an appointment, withdrawal, or succession is in question.

Official legal references

Read the Bureau of Police Research and Development BNSS reference and CrPC correspondence table, the National Crime Records Bureau BNSS section index, and the India Code official legislation portal for the applicable text and updates.

Frequently asked questions

Does a promotion automatically terminate powers conferred on an officer?

No. Section 27 BNSS provides for continuation when its conditions are met, unless the High Court or State Government directs otherwise.

Does the rule apply to an unrelated post or another State Government?

The statutory continuation rule is confined to an equal or higher office of the same nature, within a like local area under the same State Government. Other appointments require examination of the applicable conferral of powers.

Which provision applies after 1 July 2024?

Section 27 BNSS is the corresponding provision under the new procedural law. For pending matters, check the savings and transitional provisions, including Section 531 BNSS.

This article is general legal information. The applicable statutory text, government notifications and case-specific orders should be checked before relying on an officer's jurisdiction.