Section 26 BNSS - Mode of Conferring Powers

Section 26 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explains how powers under the BNSS may be conferred by the High Court or the State Government. The provision permits powers to be given to named persons, to persons holding specified offices, or generally to classes of officials identified by their official titles.

Current legal position: The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) came into force on 1 July 2024, subject to the limited exception stated in the Central Government commencement notification. Section 26 forms part of Chapter III, titled "Power of Courts".

Meaning and Scope of Section 26 BNSS

Section 26 is an administrative enabling provision. It does not itself create a criminal offence, prescribe a punishment or confer every power automatically. Instead, it specifies the manner in which powers that are available to be conferred under the BNSS may be vested in the persons or classes of officials who are to exercise them.

The provision also fixes the point at which an empowering order becomes effective: the date on which the order is communicated to the person who has been empowered.

Section 26 - Statutory Text

26. (1) In conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally by their official titles.

(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.

Who May Confer Powers Under Section 26?

Section 26 identifies the High Court or the State Government, as the case may be, as the authorities that may confer powers under the BNSS where the Sanhita authorises such conferral.

Which authority acts in a particular situation depends on the substantive BNSS provision under which the power is being conferred. Section 26 regulates the mode of conferral rather than replacing the provision that authorises the power itself.

Modes of Conferring Powers Under Section 26(1)

Section 26(1) recognises three practical ways in which an empowering order may identify its recipients:

Mode	Meaning
Specially by name	The order may identify and empower a particular person by name.
By virtue of office	The order may attach the power to the holder of a specified office.
Class of officials by official title	The order may generally empower an identified class of officials through their official designation or title.

This structure allows powers to be conferred either individually or institutionally, depending on the nature and purpose of the power concerned.

When Does an Empowering Order Take Effect?

Section 26(2) states that every such order takes effect from the date on which it is communicated to the person empowered. Communication is therefore a statutory condition relevant to the commencement of the authority conferred by the order.

For legal or procedural purposes, the date of the order and the date on which it becomes operative may therefore require separate attention where communication occurs later.

Practical Legal Effect of Section 26

Section 26 provides a uniform mechanism for identifying who is authorised to exercise powers under the BNSS. In a dispute concerning whether an officer, Magistrate or other person validly exercised a statutory power, the relevant enabling provision, the empowering order, the identity or office of the person empowered and the date of communication may all be material.

Section 26 should therefore be read with the provision that authorises the conferral of the particular power and with the succeeding provisions dealing with powers of appointed officers and withdrawal of powers.

Section 26 at a Glance

Issue	Rule under Section 26 BNSS
Authorities referred to	High Court or State Government, as the case may be.
Form of action	Powers are conferred by order.
Individual conferral	A person may be empowered specially by name.
Office-based conferral	A person may be empowered by virtue of holding a specified office.
Class-based conferral	Classes of officials may be empowered generally by their official titles.
Effective date	The order takes effect from the date on which it is communicated to the person empowered.

Official Legal Resources

The current central text of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be verified through the official India Code database. The Ministry of Home Affairs publishes the commencement notification and other official material relating to the new criminal laws.

This page is intended as a legal information resource. In an individual matter, the specific BNSS provision authorising the conferral of power, the empowering order, its communication and any later withdrawal or modification should also be examined.