Law4u Service

What Is BNSS Section 29?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 29: Powers of Judges and Magistrates Exercisable by Their Successors-in-Office

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.

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.

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.

Brief Detail

Section 29 establishes that the powers and duties of a Judge or Magistrate can be exercised by their successors-in-office. In case of uncertainty regarding the successor, the relevant authorities (Sessions Judge for Judges and Chief Judicial Magistrate or District Magistrate for Magistrates) are responsible for determining who the successor is.

Q1: Who Can Exercise the Powers of a Judge or Magistrate?

A: The powers and duties of a Judge or Magistrate may be exercised or performed by their successor-in-office, subject to other provisions of the Sanhita.

Q2: How is the Successor-in-Office Determined?

A: The Sessions Judge determines the successor Judge in case of doubt, while the Chief Judicial Magistrate or District Magistrate determines the successor Magistrate.

Q3: What Happens in Case of Doubt Regarding the Successor?

A: An order in writing will be issued by the Sessions Judge or the appropriate Magistrate to clarify who the successor-in-office is.

Example

  • Example 1: If a District Magistrate retires, the newly appointed Magistrate can assume the duties and powers of the previous Magistrate.
  • Example 2: If there is uncertainty about the successor Judge after a judge’s retirement, the Sessions Judge will issue an order designating the new Judge.

Summary

Section 29 clarifies the protocol for exercising the powers of Judges and Magistrates through their successors-in-office. It specifies how the successor is determined in cases of doubt, ensuring continuity and clarity in judicial proceedings.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Vijay D Chougule

Advocate Vijay D Chougule

Anticipatory Bail, Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Property

Get Advice
Advocate Jyoti Dubariya

Advocate Jyoti Dubariya

Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family, Revenue, Motor Accident, Muslim Law, Recovery, Succession Certificate, Child Custody, Cyber Crime

Get Advice
Advocate Ranjeet Karsarpe

Advocate Ranjeet Karsarpe

Anticipatory Bail, Arbitration, Cheque Bounce, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Succession Certificate

Get Advice
Advocate Santosh Kalokhe

Advocate Santosh Kalokhe

Civil, GST, Domestic Violence, High Court, Tax, Customs & Central Excise, Criminal, Cheque Bounce, Succession Certificate

Get Advice
Advocate Aadv Anuj Srivastava

Advocate Aadv Anuj Srivastava

Criminal, Cheque Bounce, Family, Divorce, Domestic Violence, Court Marriage, Child Custody, Succession Certificate, Muslim Law, Documentation, Anticipatory Bail

Get Advice
Advocate Yadav Bhagwat Sudhaker

Advocate Yadav Bhagwat Sudhaker

Civil, Criminal, Family, Motor Accident, Cheque Bounce, Court Marriage

Get Advice
Advocate Hemant Kumar Guru

Advocate Hemant Kumar Guru

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Criminal, Domestic Violence, Family, Motor Accident, Property, Succession Certificate, Revenue

Get Advice
Advocate Avtar Singh

Advocate Avtar Singh

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, NCLT, Patent, Property, Recovery, RERA, Startup, Supreme Court, Tax, Trademark & Copyright

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.