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Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.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Q2: Can Powers Be Withdrawn by Subordinate Officers?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

Advocate Siddharth Rai

High Court, Labour & Service, NCLT, Civil, Criminal, R.T.I, Motor Accident, Media and Entertainment, Medical Negligence, Landlord & Tenant, International Law, Family, Immigration, Insurance, Domestic Violence, Documentation, Divorce, Customs & Central Excise, Cyber Crime, Court Marriage, Corporate, Consumer Court, Cheque Bounce, Child Custody, Banking & Finance, Armed Forces Tribunal, Arbitration, Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Muslim Law, Property, Recovery, Patent, RERA, Startup, Trademark & Copyright, Succession Certificate, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate P A Hadagalihiremath

Advocate P A Hadagalihiremath

Civil, Family, Divorce, Cheque Bounce, Property

Get Advice
Advocate Abhijit Biswas

Advocate Abhijit Biswas

Civil, Criminal, Divorce, Cyber Crime, Banking & Finance, Child Custody, Cheque Bounce, Consumer Court, Labour & Service, High Court, Landlord & Tenant, Motor Accident, Family, Breach of Contract, Anticipatory Bail, Domestic Violence, R.T.I, Property, Succession Certificate, Tax, RERA, Wills Trusts, Court Marriage, GST, Medical Negligence, Recovery, Revenue, Bankruptcy & Insolvency, Corporate, Documentation, Arbitration, Trademark & Copyright, Media and Entertainment, Supreme Court, Immigration, Patent, NCLT, Startup, Customs & Central Excise, Armed Forces Tribunal, Insurance

Get Advice
Advocate Siddarth Tanwar

Advocate Siddarth Tanwar

Anticipatory Bail, Cyber Crime, Criminal, Court Marriage, High Court

Get Advice
Advocate Anil Kumar Malik

Advocate Anil Kumar Malik

Cheque Bounce, Criminal, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Soumya Mule

Advocate Soumya Mule

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, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate B M Makwana

Advocate B M Makwana

Civil, Court Marriage, Divorce, Banking & Finance, Cheque Bounce

Get Advice
Advocate Nd Chandra

Advocate Nd Chandra

Cheque Bounce, Civil, Court Marriage, Criminal, 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.