Section 28 BNSS - Withdrawal of Powers
Section 28 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the mechanism for withdrawing powers previously conferred under the BNSS. It identifies the authority competent to withdraw those powers and distinguishes between powers conferred by the High Court or State Government and powers conferred by the Chief Judicial Magistrate or District Magistrate.
Meaning and Scope of Section 28 BNSS
Section 28 concerns the withdrawal of powers that have already been conferred under the BNSS. The provision preserves a clear chain of authority by specifying who may withdraw powers conferred under the Sanhita.
It complements the preceding provisions dealing with conferral and continuation of powers and makes clear that statutory authority may subsequently be withdrawn by the competent authority.
Section 28 - Statutory Text
28. (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 Sanhita on any person or by any officer subordinate to it.
(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.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(1): Withdrawal by the High Court or State Government
Under Section 28(1), the High Court or State Government, as the case may be, may withdraw all or any of the powers conferred by it under the BNSS on any person. The section also covers powers conferred by an officer subordinate to that authority.
The words "all or any" permit either complete withdrawal or withdrawal of only specified powers, depending on the scope of the order made by the competent authority.
Section 28(2): Powers Conferred by the Chief Judicial Magistrate or District Magistrate
Section 28(2) separately addresses powers conferred by the Chief Judicial Magistrate or the District Magistrate. Those powers may be withdrawn by the respective Magistrate by whom they were conferred.
Relationship with Sections 26 and 27 BNSS
Section 26 - Mode of conferring powers explains how powers under the BNSS may be conferred by the High Court or State Government.
Section 27 - Powers of officers appointed deals with continuity of powers when an already empowered Government officer is appointed to a qualifying equal or higher office.
Section 28 completes this sequence by providing the mechanism for withdrawal of powers. Read together, Sections 26, 27 and 28 address conferral, continuation and withdrawal of statutory authority under the BNSS.
Practical Legal Effect of Withdrawal of Powers
Where the validity of an official act depends on a power conferred under the BNSS, it may be necessary to examine both the original empowering order and any later order withdrawing all or part of that authority.
The effect of a particular withdrawal in an individual proceeding may depend on the terms and operative date of the withdrawal order and the time at which the relevant act was performed.
Section 28 at a Glance
| Issue | Rule under Section 28 BNSS |
|---|---|
| Nature of provision | Withdrawal of powers previously conferred under the BNSS. |
| Extent of withdrawal | All or any of the relevant powers may be withdrawn under Section 28(1). |
| High Court powers | The High Court may withdraw powers conferred by it or by an officer subordinate to it. |
| State Government powers | The State Government may withdraw powers conferred by it or by an officer subordinate to it. |
| CJM-conferred powers | May be withdrawn by the Chief Judicial Magistrate by whom they were conferred. |
| DM-conferred powers | May be withdrawn by the District Magistrate by whom they were conferred. |
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 new criminal laws and the official commencement notification.
This page is intended as a legal information resource. In an individual matter, the empowering order, the authority that conferred the power, any withdrawal order, its scope and operative date should also be examined.