Bharatiya Nagarik Suraksha Sanhita, 2023
Section 27
Powers of officers appointed
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.
Why this exists
This provision continues a long-standing feature of Indian criminal procedure (originally found in the Code of Criminal Procedure) meant to avoid administrative delay and disruption. Magistrates and police officers are often transferred or promoted within a state. Without a rule like this, every transfer or promotion would require fresh paperwork re-invoking special powers, causing gaps in law enforcement and criminal justice administration. This section ensures continuity of authority so that justice delivery does not stall due to routine administrative reshuffles.
How courts read it
Courts have historically read the equivalent provision in the CrPC (Section 15 of the old Code) as a practical, administrative continuity rule rather than a grant of new substantive power. Judicial decisions have emphasized that the officer's new post must be truly 'equal or higher' and of the 'same nature,' and the local area must be 'like' the earlier one, for automatic continuation to apply. Courts have also upheld the government's or High Court's discretion to override this default rule by an explicit order, and such overriding directions have been given effect when clearly worded.
Common misconceptions
- Myth: The officer gets brand-new powers automatically whenever transferred anywhere in India.
Fact: The continuation only applies within the same State Government's jurisdiction and to a 'like local area'—it does not automatically extend across different states. - Myth: Once granted, these special powers can never be taken away.
Fact: The High Court or State Government can always direct otherwise, either in advance or after the transfer, stopping the automatic continuation of powers.