Law4u - Made in India

What Is BNSS Section 28?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 28: Withdrawal of Powers

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.

Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.

Brief Detail

Section 28 outlines the authority of the High Court or State Government to withdraw powers that have been conferred under the Sanhita. It also specifies that powers granted by a Chief Judicial Magistrate or District Magistrate can be revoked by the same Magistrate who initially conferred them.

Q1: Who Can Withdraw Powers Conferred Under This Sanhita?

A: The High Court or the State Government can withdraw any powers conferred under this Sanhita, and a Chief Judicial Magistrate or District Magistrate can withdraw powers conferred by them.

Q2: Can Powers Be Withdrawn by Subordinate Officers?

A: Yes, the High Court or State Government can withdraw powers from any person or officer subordinate to them as per their discretion.

Q3: Is There Any Limitation on the Withdrawal of Powers?

A: The section does not specify limitations on the withdrawal of powers, allowing the High Court or State Government broad discretion in this matter.

Example

  • Example 1: If a police officer is granted powers to investigate certain cases, the State Government can withdraw those powers if deemed necessary.
  • Example 2: A District Magistrate may revoke special powers given to a subordinate officer if the officer is found misusing them.

Summary

Section 28 provides the framework for the withdrawal of powers conferred under the Sanhita, emphasizing the authority of the High Court, State Government, and respective Magistrates in revoking such powers as needed to ensure accountability and proper governance.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Shyam Krishna Das

Advocate Shyam Krishna Das

Anticipatory Bail, Cheque Bounce, Criminal, Domestic Violence, Motor Accident

Get Advice
Advocate Dilwar Hussain Choudhury

Advocate Dilwar Hussain Choudhury

Anticipatory Bail, Breach of Contract, Civil, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Supreme Court, Wills Trusts, Consumer Court, GST

Get Advice
Advocate Mahipal Singh

Advocate Mahipal Singh

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Trademark & Copyright

Get Advice
Advocate Raj Shukla

Advocate Raj Shukla

Civil, Criminal, Cyber Crime, High Court, Revenue

Get Advice
Advocate Chandrakant Khatua

Advocate Chandrakant Khatua

Anticipatory Bail, Criminal, Divorce, High Court, NCLT

Get Advice
Advocate M R Shaikh

Advocate M R Shaikh

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Muslim Law

Get Advice
Advocate Dr Sandeep Kumar

Advocate Dr Sandeep Kumar

Anticipatory Bail, Cheque Bounce, Criminal, Civil, Family

Get Advice
Advocate Anil Kumar Kaushik

Advocate Anil Kumar Kaushik

Cheque Bounce, Criminal, Cyber Crime, Divorce, Domestic Violence

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.