What Is BNSS Section 26?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 26: Mode of Conferring Powers

(1) In conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally by their official titles.

(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.

Brief Detail

Section 26 outlines the authority of the High Court or the State Government to confer specific powers to individuals, either by naming them directly or by virtue of their official titles. This section establishes the procedural framework for empowering officials and ensures that such orders become effective upon communication to the concerned individual.

Q1: What Does Section 26 State About Conferring Powers?

A: The High Court or the State Government can empower individuals by name or by virtue of their official titles to confer specific powers under this Sanhita.

Q2: How Does an Order to Confer Powers Take Effect?

A: The order conferring powers takes effect from the date it is communicated to the person who is empowered.

Q3: Who Can Confer Powers Under This Section?

A: Powers can be conferred by the High Court or the State Government as per their discretion.

Example

• Example 1: If a State Government issues an order empowering the District Collector to enforce a specific law, that order is effective from the day it is communicated to the Collector.
• Example 2: The High Court may empower specific judges to preside over certain cases, with such orders taking effect once communicated.

Summary

Section 26 provides a clear mechanism for the conferring of powers by the High Court or the State Government. It emphasizes that such powers can be granted specifically or by virtue of official positions and that these orders become effective upon communication.