(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 be their official titles. (2) Every such order shall take effect from the date on which it is communicated to the person so empowered.
Bharatiya Nagarik Suraksha Sanhita
Section 26
Mode of conferring powers
Englishहिंदी
⚡ Quick Answer Reference: Section 26 BNSS
- Provision: Section 26 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWER OF COURTS
- Jurisdiction: India
- Summary: This section explains how the High Court or State Government can give powers to people. They can do this by making an order that names the person or group of officials. The order takes effect when it's communicated to the person.
Statutory Content
What does Section 26 of BNSS say?
Indian StandardSection 26, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 26 (India)
Court Pleading StandardSection 26 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/26
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 26 of BNSS mean?
Plain English Explanation
This section explains how the High Court or State Government can give powers to people. They can do this by making an order that names the person or group of officials. The order takes effect when it's communicated to the person.
Practical Interpretation
In real practice, this section means that the High Court or State Government can delegate powers to specific individuals or groups of officials through an order. This order becomes effective once it's communicated to the person or group.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for the High Court or State Government to confer powers on individuals or groups of officials, enabling them to perform specific tasks or functions.
Key Legal Elements
- •The High Court or State Government must make an order to confer powers.
- •The order must name the person or group of officials to be empowered.
- •The order takes effect when it's communicated to the person or group.
- •There are no specific exceptions or limitations mentioned in this section.
Practical Example
Practical Example of Section 26 BNSS
Rajesh, a police officer, is tasked with investigating a crime in a remote area. The State Government makes an order empowering Rajesh to exercise additional powers to facilitate the investigation. The order is communicated to Rajesh, and he begins to exercise these powers. In this scenario, Section 26 of BNSS applies, enabling Rajesh to perform his duties more effectively.
Common Questions (FAQ)
Frequently Asked Questions about Section 26 BNSS
Q: What is the punishment or consequence under Section 26 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, specifically the High Court or State Government, which can confer powers on individuals or groups of officials.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses, so it does not apply to bailable or cognizable offenses.
People Also Ask (PAA)
Common Questions about Section 26 BNSS
What is Section 26 of BNSS?
Section 26 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Mode of conferring powers". In plain terms: This section explains how the High Court or State Government can give powers to people. They can do this by making an order that names the person or group of officials. The order takes effect when it's communicated to the person.
What is the punishment under Section 26 of BNSS?
Section 26 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 26 of BNSS bailable or non-bailable?
Whether Section 26 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 26 of BNSS?
The essential elements of Section 26 of BNSS are: The High Court or State Government must make an order to confer powers.; The order must name the person or group of officials to be empowered.; The order takes effect when it's communicated to the person or group..
Landmark Case Laws
Landmark Judgments under Section 26 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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