Law4u - Made in India

What Is BNSS Section 27?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 27: Powers of Officers Appointed

Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Sanhita throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

Brief Detail

Section 27 establishes that government officers who have been granted specific powers by the High Court or State Government will retain those powers when appointed to an equal or higher position within the same local area, unless directed otherwise by the High Court or State Government. This provision ensures continuity in the exercise of authority across similar roles.

Q1: What Happens When a Government Officer is Promoted or Transferred?

A: If a government officer holding powers under this Sanhita is appointed to an equal or higher office in the same local area, they will exercise the same powers unless directed otherwise.

Q2: Who Has the Authority to Direct Changes in Powers?

A: The High Court or the State Government has the authority to direct whether an officer retains their powers in a new position.

Q3: What is the Scope of This Section?

A: This section applies to officers holding positions in the government who have been invested with powers under this Sanhita and are appointed to similar roles.

Example

  • Example 1: If a District Magistrate is promoted to a Divisional Commissioner position in the same local area, they retain the powers previously granted to them.
  • Example 2: A police officer assigned certain powers under this Sanhita continues to exercise those powers when promoted to a higher rank within the same jurisdiction.

Summary

Section 27 ensures that government officials retain their granted powers when appointed to equal or higher positions within the same local area, promoting consistency and stability in governance. It emphasizes the importance of proper direction from the High Court or State Government in any changes to these powers.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Harjeet Singh

Advocate Harjeet Singh

Anticipatory Bail, Cheque Bounce, Criminal, GST, Divorce, Family, Labour & Service, Motor Accident, Domestic Violence, Cyber Crime, Court Marriage, Child Custody, Consumer Court, Documentation

Get Advice
Advocate Namit Gupta

Advocate Namit Gupta

Arbitration, Cheque Bounce, Civil, Consumer Court, Divorce, Family, Insurance, Landlord & Tenant, Medical Negligence, Motor Accident, Succession Certificate

Get Advice
Advocate Mohammad Javed

Advocate Mohammad Javed

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Recovery, Child Custody, Landlord & Tenant, Property, Wills Trusts, Succession Certificate

Get Advice
Advocate Aditya Pandey

Advocate Aditya Pandey

Civil, Property, R.T.I, Succession Certificate, Revenue, Wills Trusts, Consumer Court

Get Advice
Advocate Choudhary Vijay Singh Deswal

Advocate Choudhary Vijay Singh Deswal

Criminal, Cheque Bounce, Civil, Consumer Court, Anticipatory Bail, Domestic Violence, Motor Accident, Revenue, Wills Trusts, Child Custody, Banking & Finance, Divorce, Court Marriage, High Court, Medical Negligence, R.T.I, Property, Succession Certificate

Get Advice
Advocate Anand Mani Tripathi

Advocate Anand Mani Tripathi

Bankruptcy & Insolvency,Breach of Contract,Corporate,Criminal,Cyber Crime,GST,Tax,Trademark & Copyright,

Get Advice
Advocate R Baburajan

Advocate R Baburajan

Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Consumer Court, Divorce, Property, R.T.I, RERA, Domestic Violence, Family, High Court, Landlord & Tenant, Child Custody, Civil

Get Advice
Advocate Anmol Solanki

Advocate Anmol Solanki

Cheque Bounce, Cyber Crime, Divorce, Motor Accident, Family

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.