Section 27 BNSS - Powers of Officers Appointed
Section 27 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for continuity of statutory powers when a Government officer who has already been invested with powers under the BNSS is appointed to an equal or higher office of the same nature within a like local area under the same State Government.
Meaning and Scope of Section 27 BNSS
Section 27 deals with continuity of powers after a change in appointment. Its purpose is to avoid the need for a fresh conferral of the same BNSS powers every time an already empowered Government officer is appointed to an equal or higher office of the same nature in a comparable local area under the same State Government.
The continuation is not unconditional. The statutory requirements in Section 27 must be satisfied, and the High Court or the State Government may direct otherwise.
Section 27 - Statutory Text
27. 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 Sanhita 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.
Conditions for Continuation of Powers Under Section 27
Section 27 operates where the following statutory elements are present:
| Requirement | What Section 27 requires |
|---|---|
| Government service | The person must hold an office in the service of Government. |
| Existing investment of powers | The person must already have been invested with BNSS powers by the High Court or State Government. |
| Existing local area | The powers must have been exercisable throughout a local area. |
| New appointment | The person must be appointed to an equal or higher office. |
| Same nature of office | The new office must be of the same nature as the earlier office. |
| Like local area | The new appointment must be within a like local area. |
| Same State Government | The new office must be under the same State Government. |
Legal Effect of Section 27
Where the statutory conditions are fulfilled, the officer continues to exercise the same BNSS powers in the local area of the new appointment. The section therefore provides continuity of authority by operation of law, subject to any contrary direction by the competent authority.
In practical terms, the provision can be relevant when the validity of an act is questioned merely because an officer has moved from one qualifying post or local area to another qualifying post or like local area.
When the Powers May Not Continue
The statutory continuation applies unless the High Court or the State Government, as the case may be, otherwise directs or has otherwise directed. Accordingly, a specific contrary direction can prevent the automatic continuation contemplated by Section 27.
The existence and terms of any such order or direction should therefore be checked where the officer's authority is material to a proceeding.
Relationship Between Section 27 and Section 26 BNSS
Section 26 - Mode of conferring powers explains how powers under the BNSS may initially be conferred by the High Court or State Government, including conferral by name, by virtue of office or by official title. Section 27 addresses what happens after an already empowered officer is appointed to a qualifying equal or higher office.
Relationship Between Section 27 and Section 28 BNSS
Section 28 - Withdrawal of powers deals with withdrawal of powers previously conferred. Read together, Sections 26, 27 and 28 form a connected framework dealing with conferral, continuation and withdrawal of statutory powers.
Section 27 at a Glance
| Issue | Rule under Section 27 BNSS |
|---|---|
| Who is covered? | A Government officer already invested with BNSS powers by the High Court or State Government. |
| Type of new post | An equal or higher office of the same nature. |
| Local-area requirement | The appointment must be within a like local area. |
| Government requirement | The new office must be under the same State Government. |
| Effect | The officer exercises the same powers in the new local area. |
| Exception | The High Court or State Government may direct otherwise. |
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 also publishes the Act, commencement notification and related official material concerning the new criminal laws.
This page is intended as a legal information resource. In an individual matter, the original empowering order, the nature and level of both offices, the relevant local areas, the State Government concerned and any contrary direction of the High Court or State Government should also be examined.