Section 34 CrPC: Withdrawal of Powers - Section 28 BNSS Explained
Section 34 of the Code of Criminal Procedure, 1973 governed the withdrawal of powers conferred on officers and other persons under the Code. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 28 BNSS.
What is withdrawal of powers?
Withdrawal of powers means revocation of all or some statutory powers previously conferred on a person or officer under criminal procedure legislation. The authority withdrawing powers must act within the limits of the applicable statute. It is different from dismissing a government employee, transferring an officer or setting aside a judicial order.
Section 34 CrPC - Text of the former provision
Section 34(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 Code on any person or by any officer subordinate to it.
Section 34(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 Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.
Section 28 BNSS - Current corresponding provision
Section 28 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled Withdrawal of powers, substantially carries forward the two-part rule of former Section 34 CrPC.
Section 28(1): High Court and State Government
The High Court or State Government, as applicable, may withdraw all or any powers conferred by it under the BNSS, including powers conferred through an officer subordinate to it. The withdrawal may be complete or limited to particular powers.
Section 28(2): Chief Judicial Magistrate and District Magistrate
Powers conferred by a Chief Judicial Magistrate or District Magistrate may be withdrawn by the respective Magistrate who conferred those powers. The provision distinguishes the competent authority according to the source of the original conferment.
Who can withdraw powers?
| Authority that conferred powers | Authority empowered to withdraw |
|---|---|
| High Court | High Court, including powers conferred through its subordinate officer under the statute |
| State Government | State Government, including powers conferred through its subordinate officer under the statute |
| Chief Judicial Magistrate | Chief Judicial Magistrate who conferred the powers |
| District Magistrate | District Magistrate who conferred the powers |
Practical implications
To determine whether a withdrawal is valid, examine the original order conferring powers, the identity and statutory competence of the withdrawing authority, the scope of powers withdrawn and the effective terms of the withdrawal order. Section 28 itself does not establish a universal notice procedure or a separate appeal against every withdrawal; other applicable legal provisions and principles of administrative law may be relevant on the facts.
Related statutory provisions
Section 26 BNSS (former Section 32 CrPC) explains the mode of conferring powers, including conferment by name, office or class of officials and when the order takes effect. Section 27 BNSS (former Section 33 CrPC) addresses the continuation of conferred powers on appointment to an equal or higher office in specified circumstances. Section 29 BNSS (former Section 35 CrPC) concerns powers and duties exercised by successors-in-office.
Official legal sources
Read the Bharatiya Nagarik Suraksha Sanhita, 2023 - official BPR&D PDF, the Bureau of Police Research and Development criminal laws resources, and the National Crime Records Bureau BNSS section index. These are statutory and government reference materials, rather than external navigation items.
Frequently asked questions
What replaced Section 34 CrPC?
Section 28 BNSS is the corresponding provision on withdrawal of powers.
Can only some powers be withdrawn?
Yes. The provision expressly allows withdrawal of all or any of the powers within its scope.
Can a District Magistrate withdraw powers conferred by the Chief Judicial Magistrate?
Section 28(2) identifies the respective Magistrate who conferred the powers. It does not grant the District Magistrate a general power to withdraw powers conferred by the Chief Judicial Magistrate.
This article provides general legal information. The applicable statute, transitional rules and individual orders must be checked for any particular matter.