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 samenature, 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.
Bharatiya Nagarik Suraksha Sanhita
Section 27
Powers of officers appointed
Englishहिंदी
⚡ Quick Answer Reference: Section 27 BNSS
- Provision: Section 27 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWER OF COURTS
- Jurisdiction: India
- Summary: When a government officer with special powers is transferred to a similar or higher position in the same local area, they will have the same powers unless the High Court or State Government says otherwise.
Statutory Content
What does Section 27 of BNSS say?
Indian StandardSection 27, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 27 (India)
Court Pleading StandardSection 27 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/27
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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 27 of BNSS mean?
Plain English Explanation
When a government officer with special powers is transferred to a similar or higher position in the same local area, they will have the same powers unless the High Court or State Government says otherwise.
Practical Interpretation
This section ensures continuity of powers for government officers when they are transferred to a similar or higher position, promoting administrative efficiency and stability.
Core Legal Purpose
The core purpose of this section is to maintain consistency in the exercise of powers by government officers when they are transferred to a similar or higher position, thereby ensuring continuity and stability in administration.
Key Legal Elements
- •The officer must have been invested with powers by the High Court or State Government.
- •The officer must be transferred to a similar or higher position in the same local area.
- •The officer must exercise the same powers unless the High Court or State Government directs otherwise.
- •The High Court or State Government must have invested the officer with powers under this Sanhita.
Practical Example
Practical Example of Section 27 BNSS
Rajesh, a government officer, was invested with powers by the State Government to maintain law and order in a local area. He was later transferred to a similar position in the same local area. According to Section 27 of BNSS, Rajesh will continue to exercise the same powers unless the State Government directs otherwise.
Common Questions (FAQ)
Frequently Asked Questions about Section 27 BNSS
Q: What is the punishment or consequence under Section 27 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 government officers who have been invested with powers by the High Court or State Government.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, therefore it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 27 BNSS
What is Section 27 of BNSS?
Section 27 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Powers of officers appointed". In plain terms: When a government officer with special powers is transferred to a similar or higher position in the same local area, they will have the same powers unless the High Court or State Government says otherwise.
What is the punishment under Section 27 of BNSS?
Section 27 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 27 of BNSS bailable or non-bailable?
Whether Section 27 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 27 of BNSS?
The essential elements of Section 27 of BNSS are: The officer must have been invested with powers by the High Court or State Government.; The officer must be transferred to a similar or higher position in the same local area.; The officer must exercise the same powers unless the High Court or State Government directs otherwise..
Landmark Case Laws
Landmark Judgments under Section 27 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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