Bharatiya Nagarik Suraksha Sanhita, 2023
Section 28
Withdrawal of powers
(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(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.
Why this exists
Many provisions of the BNSS let High Courts, State Governments, or senior Magistrates confer special judicial or administrative powers on officers or subordinates (for example, magisterial powers on executive officers). Since these powers are granted by administrative or judicial order rather than by permanent law, the same authority needs a corresponding power to revoke or modify that grant if circumstances change, misuse occurs, or the officer is transferred. This mirrors the old Section 21 of the Code of Criminal Procedure, 1973, continuing a long-standing structural safeguard.
Common misconceptions
- Myth: Once a person is given special powers under this law, they keep them forever.
Fact: The granting authority (High Court, State Government, or the specific Magistrate) can withdraw those powers at any time, fully or partly. - Myth: Only courts can withdraw powers.
Fact: The State Government can also withdraw powers it conferred, not just the High Court.