Section 35 CrPC - Powers of Judges and Magistrates Exercisable by Successors in Office
Section 35 of the Code of Criminal Procedure, 1973, provides for continuity of judicial powers when a Judge or Magistrate is succeeded in office. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is Section 29.
Section 35 CrPC - Statutory provision
(1) Subject to the other provisions of this Code, 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 of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge.
(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 Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.
Section 29 BNSS - Corresponding provision
Section 29 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled Powers of Judges and Magistrates exercisable by their successors-in-office. It contains three sub-sections:
Section 29(1): Subject to the other provisions of the BNSS, the powers and duties of a Judge or Magistrate may be exercised or performed by the successor-in-office.
Section 29(2): If there is doubt about who is the successor-in-office, the Sessions Judge determines the successor Judge by a written order for the purposes of the BNSS, proceedings and orders under it.
Section 29(3): If there is doubt about the successor to a Magistrate, the Chief Judicial Magistrate or District Magistrate, as applicable, identifies the successor Magistrate by a written order.
The BNSS provision does not repeat the former Section 35(2) reference specifically to an Additional or Assistant Sessions Judge; instead, it refers generally to doubt as to the successor-in-office. Refer to the official statutory text for exact wording.
Meaning and legal effect
What is a successor-in-office?
A successor-in-office is the Judge or Magistrate who lawfully takes over the relevant judicial or magisterial office from the previous holder. The provision supports continuity of functions and proceedings despite a change in the officeholder, subject to other statutory requirements.
Can a successor continue pending proceedings?
As a general rule, the successor may exercise the powers and perform the duties of the predecessor. This is not an unrestricted power to disregard provisions requiring personal hearing, rehearing, recording of evidence or compliance with another procedural safeguard.
Who decides a dispute about succession?
For Judges, the Sessions Judge makes the determination by a written order. For Magistrates, the Chief Judicial Magistrate or District Magistrate, as the case may be, makes the written determination. The appropriate authority depends on the office concerned.
Practical application
Where a presiding officer is transferred, promoted, retires or otherwise leaves office, the successor can ordinarily take over the statutory functions attached to that office. If the identity of the successor is uncertain, the prescribed authority should clarify the matter by a written order. The provision addresses continuity of powers; it does not itself confer jurisdiction beyond that permitted by law.
Related provisions
Read this provision alongside Section 32 CrPC (mode of conferring powers), Section 33 CrPC (powers of officers appointed) and Section 34 CrPC (withdrawal of powers). Their corresponding BNSS provisions are Sections 26, 27 and 28 respectively.
Official legal sources
Bharatiya Nagarik Suraksha Sanhita, 2023 - official India Code PDF
This article provides general legal information. The application of CrPC or BNSS depends on the relevant dates, savings provisions and the nature of proceedings.