Section 29 BNSS - Powers of Judges and Magistrates Exercisable by Their Successors-in-Office
Section 29 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides continuity in judicial and magisterial functions when the person holding an office changes. Subject to the other provisions of the BNSS, the successor-in-office may exercise the predecessor's powers and perform the predecessor's duties.
Meaning and Scope of Section 29 BNSS
Section 29 is a continuity provision. It allows the powers and duties attached to a judicial or magisterial office to be exercised or performed by the successor-in-office, subject to the other provisions of the BNSS.
The section also creates a written mechanism for resolving uncertainty about who is legally to be treated as the successor-in-office.
Section 29 - Statutory Text
29. (1) Subject to the other provisions of this Sanhita, 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, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office.
(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 Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.
Section 29(1): Successor May Exercise Powers and Perform Duties
The general rule is that a successor-in-office may exercise the powers and perform the duties of the predecessor Judge or Magistrate. This supports continuity of judicial and magisterial work when the individual occupying the office changes.
The opening words "Subject to the other provisions of this Sanhita" are important. The successor's authority remains controlled by any specific BNSS provision governing the relevant proceeding, order, power or duty.
Section 29(2): Doubt About the Successor-in-Office of a Judge
Where there is doubt about who is the successor-in-office of a Judge, the Sessions Judge must determine the matter by an order in writing. The Judge identified in that order is deemed to be the successor-in-office for the purposes of the BNSS or of proceedings or orders under it.
Section 29(3): Doubt About the Successor-in-Office of a Magistrate
Where doubt concerns the successor-in-office of a Magistrate, the Chief Judicial Magistrate or the District Magistrate, as the case may be, must determine the successor by an order in writing.
The Magistrate identified in the written order is then deemed to be the successor-in-office for the relevant BNSS purpose, proceeding or order.
Judge and Magistrate Succession Compared
| Issue | Judge | Magistrate |
|---|---|---|
| General rule | Successor may exercise powers and perform duties. | Successor may exercise powers and perform duties. |
| Authority resolving doubt | Sessions Judge. | Chief Judicial Magistrate or District Magistrate, as applicable. |
| Required form | Order in writing. | Order in writing. |
| Legal effect | The identified Judge is deemed successor-in-office. | The identified Magistrate is deemed successor-in-office. |
Practical Legal Effect of Section 29
Section 29 helps prevent disruption of proceedings merely because the person occupying a judicial or magisterial office has changed. Where succession is clear, the successor may act subject to the BNSS. Where succession is uncertain, the section provides a formal written determination mechanism.
In an individual case, the relevant appointment, transfer, posting or succession order and any written determination under Section 29(2) or Section 29(3) may be important.
Section 29 at a Glance
| Question | Rule |
|---|---|
| Can a successor exercise predecessor powers? | Yes, subject to the other provisions of the BNSS. |
| Can a successor perform predecessor duties? | Yes, subject to the other provisions of the BNSS. |
| Who resolves doubt about a Judge? | The Sessions Judge by written order. |
| Who resolves doubt about a Magistrate? | The Chief Judicial Magistrate or District Magistrate, as applicable, by written order. |
| Why is the written order important? | It identifies the person deemed to be the successor-in-office for the relevant BNSS purpose, proceeding or order. |
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 official commencement notification and other material relating to the new criminal laws.
This page is intended as a legal information resource. In an individual matter, the applicable BNSS provision, posting or succession order, and any written determination under Section 29 should also be examined.