(1) Subject to the other provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office. (2) When there is any doubt as to who is the successor-in-office, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office. (3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purpose of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.
Bharatiya Nagarik Suraksha Sanhita
Section 29
Powers of Judges and Magistrates exercisable by their successors-in office
⚡ Quick Answer Reference: Section 29 BNSS
- Provision: Section 29 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWER OF COURTS
- Jurisdiction: India
- Summary: This section says that a judge or magistrate's powers can be used by their replacement. If there's a doubt about who the replacement is, a higher judge or magistrate will decide.
What does Section 29 of BNSS say?
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What does Section 29 of BNSS mean?
Plain English Explanation
This section says that a judge or magistrate's powers can be used by their replacement. If there's a doubt about who the replacement is, a higher judge or magistrate will decide.
Practical Interpretation
In real practice, this section helps ensure continuity in court proceedings when a judge or magistrate is replaced. It allows the new person to take over the previous person's responsibilities and decisions.
Core Legal Purpose
The core purpose of this section is to provide a clear process for transferring powers and responsibilities between judges and magistrates, ensuring that court proceedings are not disrupted by changes in personnel.
- •The judge or magistrate must be replaced.
- •There must be a doubt about who the replacement is.
- •A higher judge or magistrate must decide who the replacement is.
- •The replacement must be deemed to be the successor-in-office for the purposes of the Sanhita or any proceedings or order thereunder.
Practical Example of Section 29 BNSS
Rajesh is a judge who has to hear a case. However, he is transferred to another court and is replaced by Priya. There is a doubt about who should continue hearing the case. The Sessions Judge, Amit, decides that Priya is the successor-in-office and should continue hearing the case.
Frequently Asked Questions about Section 29 BNSS
Q: What is the punishment or consequence under Section 29 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 judges and magistrates, who are public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 29 BNSS
What is Section 29 of BNSS?
Section 29 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Powers of Judges and Magistrates exercisable by their successors-in office". In plain terms: This section says that a judge or magistrate's powers can be used by their replacement. If there's a doubt about who the replacement is, a higher judge or magistrate will decide.
What is the punishment under Section 29 of BNSS?
Section 29 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 29 of BNSS bailable or non-bailable?
Whether Section 29 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 29 of BNSS?
The essential elements of Section 29 of BNSS are: The judge or magistrate must be replaced.; There must be a doubt about who the replacement is.; A higher judge or magistrate must decide who the replacement is..
Landmark Judgments under Section 29 BNSS
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 29
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