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Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.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Q2: Can Powers Be Withdrawn by Subordinate Officers?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 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
Advocate Huzefa Tade

Advocate Huzefa Tade

Anticipatory Bail, Banking & Finance, Criminal, Cyber Crime, High Court, Property

Get Advice
Advocate Mohd Nayeem

Advocate Mohd Nayeem

Anticipatory Bail, Breach of Contract, Cyber Crime, Documentation, High Court, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Marimuthu N

Advocate Marimuthu N

Civil, Cheque Bounce, Family, Divorce, Property, R.T.I, High Court, Criminal, Domestic Violence, Documentation

Get Advice
Advocate Dussa Gouri Shankar

Advocate Dussa Gouri Shankar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Medical Negligence, Motor Accident, Patent, Property, Recovery, Startup, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Aryan Kumar

Advocate Aryan Kumar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Succession Certificate, Supreme Court, Tax, Trademark & Copyright

Get Advice
Advocate Seema Upadhyay

Advocate Seema Upadhyay

Anticipatory Bail, Civil, Court Marriage, Criminal, High Court

Get Advice
Advocate Ashish Kumar

Advocate Ashish Kumar

Civil, Court Marriage, Criminal, Cyber Crime, Family, Motor Accident, Property, Wills Trusts

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.