(1) 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. (2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.
Bharatiya Nagarik Suraksha Sanhita
Section 28
Withdrawal of powers
Englishहिंदी
⚡ Quick Answer Reference: Section 28 BNSS
- Provision: Section 28 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWER OF COURTS
- Jurisdiction: India
- Summary: This section allows the High Court, State Government, Chief Judicial Magistrate, or District Magistrate to withdraw powers they previously granted to individuals or subordinate officers.
Statutory Content
What does Section 28 of BNSS say?
Indian StandardSection 28, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 28 (India)
Court Pleading StandardSection 28 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/28
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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 28 of BNSS mean?
Plain English Explanation
This section allows the High Court, State Government, Chief Judicial Magistrate, or District Magistrate to withdraw powers they previously granted to individuals or subordinate officers.
Practical Interpretation
In practice, this section enables higher authorities to revoke powers granted to lower authorities or individuals, ensuring control and oversight over the exercise of such powers.
Core Legal Purpose
The core purpose is to provide a mechanism for higher authorities to correct or reverse decisions granting powers, maintaining accountability and hierarchy within the legal system.
Key Legal Elements
- •The High Court or State Government must have previously granted powers under this Sanhita.
- •The powers to be withdrawn must have been conferred by the respective authority or their subordinates.
- •The authority withdrawing the powers must be the same or higher than the one that granted them.
- •There is no explicit exception or limitation mentioned in this section.
Practical Example
Practical Example of Section 28 BNSS
For instance, if the State Government granted powers to Rajesh, a subordinate officer, under this Sanhita, and later found his actions to be inappropriate, they could withdraw those powers. Similarly, if the Chief Judicial Magistrate conferred powers on Priya, and she misused them, the Magistrate could revoke those powers to prevent further misuse.
Common Questions (FAQ)
Frequently Asked Questions about Section 28 BNSS
Q: What is the punishment or consequence under Section 28 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 individuals or officers subordinate to the High Court, State Government, Chief Judicial Magistrate, or District Magistrate, which typically involves public entities or those acting in official capacities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, so it is neither bailable nor cognizable; it is a procedural provision regarding the withdrawal of powers.
People Also Ask (PAA)
Common Questions about Section 28 BNSS
What is Section 28 of BNSS?
Section 28 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Withdrawal of powers". In plain terms: This section allows the High Court, State Government, Chief Judicial Magistrate, or District Magistrate to withdraw powers they previously granted to individuals or subordinate officers.
What is the punishment under Section 28 of BNSS?
Section 28 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 28 of BNSS bailable or non-bailable?
Whether Section 28 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 28 of BNSS?
The essential elements of Section 28 of BNSS are: The High Court or State Government must have previously granted powers under this Sanhita.; The powers to be withdrawn must have been conferred by the respective authority or their subordinates.; The authority withdrawing the powers must be the same or higher than the one that granted them..
Landmark Case Laws
Landmark Judgments under Section 28 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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