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Practice paper — BNSS Chapter III — Power Of Courts

45 questions · answer key at the end · no time limit

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1.According to Section 21 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which courts may try any offence under the Bharatiya Nyaya Sanhita, 2023?
- (A) Only the High Court.
- (B) The High Court, the Court of Session, or any other Court shown in the First Schedule to be triable.
- (C) Only the Court of Session.
- (D) A Magistrate's Court only.
2.If an offence is under some other law and that law specifically mentions the Court by which the offence is to be tried, Section 21(b) provides that the offence shall be tried by:
- (A) The High Court only.
- (B) Any Court shown in the First Schedule to be triable.
- (C) The Court mentioned in that other law.
- (D) The Court of Session only.
3.What does the proviso to Section 21 require in relation to offences under sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023 (for example, an offence under section 66)?
- (A) They should be tried, as far as practicable, by a Court presided over by a woman.
- (B) They must be tried exclusively by women's courts.
- (C) They may be tried by any Court without regard to the presiding judge's gender.
- (D) They must be tried only by the High Court.
4.If an offence is under 'any other law' and that law does not mention which Court will try it, Section 21(b) allows the offence to be tried by which of the following?
- (A) Only the High Court.
- (B) Only the Court of Session.
- (C) Only a Magistrate's Court.
- (D) The High Court or any other Court by which such offence is shown in the First Schedule to be triable.
5.An offence under the Bharatiya Nyaya Sanhita is shown in the First Schedule as triable by a Magistrate. Under Section 21(a), which statement is correct?
- (A) It can only be tried by the Magistrate specified in the First Schedule.
- (B) It cannot be tried by the High Court if the First Schedule shows a Magistrate.
- (C) It may be tried by the High Court, the Court of Session, or the Magistrate as shown in the First Schedule.
- (D) It must be tried by a Court presided over by a woman regardless of the First Schedule.
6.Which judicial authorities are expressly empowered by Section 22 to pass "any sentence authorised by law"?
- (A) High Court only
- (B) Sessions Judge or Additional Sessions Judge only
- (C) Both High Court and Sessions Judge/Additional Sessions Judge
- (D) Supreme Court
7.When a Sessions Judge or Additional Sessions Judge passes a sentence of death under Section 22, what does the provision require?
- (A) It shall be subject to confirmation by the High Court
- (B) It shall be subject to confirmation by the Supreme Court
- (C) No confirmation is required
- (D) It shall be subject to confirmation by the State Government
8.If an Additional Sessions Judge sentences an accused to life imprisonment, does Section 22 require confirmation by the High Court?
- (A) Yes — all sentences by Sessions Judges require High Court confirmation
- (B) No — only sentences of death passed by such Judges are made subject to High Court confirmation
- (C) Yes — life imprisonment in capital-related cases requires confirmation
- (D) It depends on rules framed by the High Court
9.Which of the following is NOT required by Section 22?
- (A) That a High Court may pass any sentence authorised by law
- (B) That a Sessions Judge may pass any sentence authorised by law
- (C) That any death sentence by a Sessions Judge be subject to confirmation by the High Court
- (D) That any sentence passed by the High Court must be confirmed by a Sessions Judge
10.According to Section 22, does a death sentence passed by a High Court require confirmation by another court under this provision?
- (A) Yes — it must be confirmed by the Supreme Court
- (B) No — the section does not require confirmation of sentences passed by the High Court
- (C) Yes — it must be confirmed by the Sessions Judge
- (D) Yes — it must be confirmed by the High Court again
11.Under Section 23(1) of the Bharatiya Nagarik Suraksha Sanhita, what is the maximum term of imprisonment a Court of a Chief Judicial Magistrate may impose?
- (A) 1 year
- (B) 3 years
- (C) 7 years
- (D) Imprisonment for life
12.How does Section 23 define "community service" in the Explanation to the provision?
- (A) Work ordered by the Court that benefits the community for which the convict is not entitled to any remuneration
- (B) Paid employment arranged by the Court as part of rehabilitation
- (C) A form of probation supervision where the convict receives a monetary allowance
- (D) A court-ordered rehabilitation program with a stipend
13.An offence is punishable under law with a maximum of 5 years' imprisonment. Under Section 23(2), what is the maximum imprisonment a Court of a Magistrate of the first class may actually impose for that offence?
- (A) 5 years
- (B) 3 years
- (C) 7 years
- (D) 1 year
14.Which of the following sentences is clearly permissible under Section 23(3) for a Court of a Magistrate of the second class?
- (A) Imprisonment for 2 years and fine of Rs. 5,000
- (B) Community service plus a fine of Rs. 15,000
- (C) Imprisonment for 1 year and fine of Rs. 10,000
- (D) Imprisonment for 1 year combined with community service
15.In Section 23(2) the phrase "or of both, or of community service" appears after "imprisonment...or of fine...". What does the phrase "both" most directly refer to in this context?
- (A) Imprisonment and community service
- (B) Fine and community service
- (C) Any two of the three listed punishments
- (D) Imprisonment and fine
16.Under Section 24 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who may award imprisonment in default of payment of a fine?
- (A) The Court of a Magistrate
- (B) A Sessions Court
- (C) The High Court
- (D) A Special Tribunal constituted under any law
17.Where imprisonment has been awarded as part of the substantive sentence, what is the maximum term of imprisonment in default of payment of fine a Magistrate may award under Section 24?
- (A) One-half of the term the Magistrate is competent to inflict
- (B) An amount equal to the term the Magistrate is competent to inflict
- (C) One-fourth of the term the Magistrate is competent to inflict
- (D) One-third of the term the Magistrate is competent to inflict
18.Can imprisonment awarded under Section 24 be imposed in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under Section 23?
- (A) No, Section 24 bars addition to any substantive sentence
- (B) Yes, subsection (2) permits addition to a substantive sentence for the maximum term awardable under section 23
- (C) Only if the accused waives the right to appeal
- (D) Only if the fine remains unpaid after execution of the substantive sentence
19.If imprisonment has been awarded as part of the substantive sentence, the restriction on imprisonment in default under Section 24(1)(b) is measured with reference to which of the following?
- (A) The term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine
- (B) The specific term of imprisonment actually imposed as the substantive sentence in the case
- (C) The combined total of substantive sentence and default imprisonment
- (D) The amount of the fine ordered
20.Which statement best describes the interaction between Section 24(2) (allowing default imprisonment to be in addition to a substantive sentence up to the maximum under Section 23) and proviso (b) of Section 24(1)?
- (A) Section 24(2) allows the default imprisonment to be the full maximum under section 23 even if imprisonment is part of the substantive sentence.
- (B) Proviso (a) of subsection (1) overrides subsection (2) and prevents any addition to a substantive sentence.
- (C) Subsection (2) permits addition only where the Magistrate's powers under section 23 exceed those in subsection (1).
- (D) Subsection (2) permits addition to a substantive sentence, but proviso (b) of subsection (1) still caps default imprisonment at one-fourth where imprisonment has been awarded as part of the substantive sentence.
21.Under Section 25(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when a person is convicted at one trial of two or more offences, the Court may:
- (A) Impose a single combined punishment only.
- (B) Sentence him to the several punishments prescribed for those offences and order them to run concurrently or consecutively.
- (C) Always order the punishments to run consecutively.
- (D) Refer the case to a higher Court for consolidation of sentences.
22.For the purpose of appeal by a convicted person, how does Section 25(3) treat the aggregate of consecutive sentences?
- (A) The aggregate of the consecutive sentences shall be deemed to be a single sentence.
- (B) Each consecutive sentence must be appealed separately.
- (C) The aggregate is deemed multiple sentences but heard together.
- (D) Appeal lies only against the longest individual sentence.
23.Section 25(2) says that in the case of consecutive sentences, shall it be necessary for the Court to send the offender for trial before a higher Court merely because the aggregate punishment exceeds the punishment which it is competent to inflict on conviction of a single offence?
- (A) Yes, the Court must always send the offender to a higher Court in that situation.
- (B) Yes, but only if the aggregate exceeds twice the amount the Court can inflict for a single offence.
- (C) No, it shall not be necessary for that reason alone to send the offender for trial before a higher Court.
- (D) Only if the aggregate also exceeds twenty years.
24.If a Court is competent to inflict a maximum of 12 years for a single offence and convicts a person of two offences at one trial, proposing consecutive sentences of 12 + 12 = 24 years, what is the maximum period of imprisonment that may actually be imposed under Section 25?
- (A) 24 years
- (B) 20 years
- (C) 12 years
- (D) 36 years
25.To which situation do provisos (a) and (b) in Section 25(2) apply?
- (A) They apply to all sentences whether concurrent or consecutive.
- (B) They apply only when the Court orders sentences to run concurrently.
- (C) They apply only when the aggregate exceeds the punishment the Court can inflict for a single offence.
- (D) They apply specifically in the case of consecutive sentences (as governed by Section 25(2)).
26.Under Section 26(1) of the Bharatiya Nagarik Suraksha Sanhita, who may confer powers under this Sanhita?
- (A) The High Court or the State Government, as the case may be
- (B) The Central Government only
- (C) Any Magistrate appointed under the Sanhita
- (D) The President of India
27.According to Section 26(1), in what manner may persons be empowered under this Sanhita?
- (A) Only by their official titles
- (B) Only by being specially named
- (C) Either specially by name or by virtue of their offices or classes of officials generally by their official titles
- (D) Only after being elected to the office
28.When does an order made under Section 26 take effect?
- (A) From the date the order is made
- (B) From the date on which it is communicated to the person so empowered
- (C) From the date of publication in the official Gazette
- (D) From the beginning of the financial year following the order
29.If an order under Section 26 empowers a class of officials generally (by official title), when will it take effect for a particular member of that class?
- (A) From the date the order is issued to the public
- (B) From the date it is communicated to the head of the class only
- (C) From the date the first member of the class is notified
- (D) From the date it is communicated to that person so empowered
30.Which of the following best captures the combined effect of Section 26(1) and (2)?
- (A) An order may empower persons either by name or by office/class, and such an order takes effect only when it is communicated to the person empowered
- (B) An order takes immediate effect upon issue and need not be communicated to the person empowered
- (C) Only the High Court can empower persons by name; the State Government can empower only by office title
- (D) An empowerment order takes effect only after publication in the official Gazette, regardless of communication
31.Who does Section 27 say may exercise the same powers upon appointment to an equal or higher office?
- (A) Any person in government service, regardless of prior investment of powers
- (B) A 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
- (C) Only judicial officers appointed by the High Court
- (D) Only police officers authorised by the State Government
32.Under Section 27, when will the person NOT exercise the same powers in the new local area?
- (A) If the High Court or the State Government otherwise directs or has otherwise directed
- (B) If the appointment is to an equal or higher office
- (C) If the person remains within the same local area
- (D) If the Central Government gives permission
33.Does Section 27 apply where the person is appointed to an equal office of the same nature but under a different State Government?
- (A) No, it applies only when the appointment is under the same State Government
- (B) Yes, it applies to appointments under any State Government
- (C) Yes, but only if the High Court approves
- (D) Only if the local areas are contiguous
34.If the person is appointed to a lower office of the same nature within a like local area under the same State Government, may they exercise the same powers under Section 27?
- (A) Yes, because any appointment within a like local area carries the same powers
- (B) Yes, but only with express direction from the High Court
- (C) Only if the State Government issues a fresh investment of powers
- (D) No, the provision applies only to appointments to an equal or higher office
35.Who alone can 'otherwise direct' so as to prevent the person from exercising the same powers after such an appointment under Section 27?
- (A) Any authority having administrative control over the person
- (B) Only the High Court or the State Government
- (C) The Central Government acting through an authorised official
- (D) The appointing officer of the new local area
36.Under Section 28(1) of the Sanhita, who may withdraw powers conferred under this Sanhita?
- (A) Only the High Court
- (B) Only the State Government
- (C) The High Court or the State Government
- (D) The Chief Judicial Magistrate
37.What scope of powers may be withdrawn under Section 28(1)?
- (A) All or any of the powers conferred by it on any person or by any officer subordinate to it
- (B) Only all the powers conferred by it on judges
- (C) Only powers conferred on public servants by other States
- (D) Only powers conferred by the High Court to other States
38.According to Section 28(2), who may withdraw powers conferred by the Chief Judicial Magistrate or by the District Magistrate?
- (A) The High Court
- (B) The respective Magistrate by whom such powers were conferred
- (C) The State Government
- (D) The Commissioner of Police
39.Can the High Court withdraw powers that were conferred by the State Government under Section 28?
- (A) Yes, in all cases
- (B) Yes, but only with the State Government's approval
- (C) No, only the State Government can withdraw powers it conferred
- (D) No, only the District Magistrate can withdraw such powers
40.Which statement correctly reflects the contrast between subsections (1) and (2) of Section 28?
- (A) The High Court may withdraw powers conferred by a Chief Judicial Magistrate because of supervisory authority
- (B) The State Government may withdraw powers conferred by a Chief Judicial Magistrate if it so decides
- (C) Powers conferred by a magistrate (CJM or DM) may be withdrawn only by the respective magistrate who conferred them
- (D) Any magistrate at the same level may withdraw powers conferred by another magistrate
41.According to Section 29(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, who may exercise or perform the powers and duties of a Judge or Magistrate?
- (A) Any Judge or Magistrate designated by the Sessions Judge
- (B) The Judge or Magistrate's successor-in-office
- (C) The Chief Judicial Magistrate for the district
- (D) The District Magistrate in all cases
42.When there is doubt as to who is the successor-in-office of a Judge, who is empowered by Section 29(2) to determine the successor?
- (A) The Sessions Judge by order in writing
- (B) The Chief Judicial Magistrate by verbal direction
- (C) The District Magistrate by administrative order
- (D) The High Court by a general circular
43.If there is doubt about who is the successor-in-office of a Magistrate, who may determine that successor under Section 29(3)?
- (A) Only the Sessions Judge
- (B) Only the District Magistrate in all cases
- (C) Only the Chief Judicial Magistrate in all cases
- (D) The Chief Judicial Magistrate, or the District Magistrate, as the case may be
44.Are the powers and duties exercisable by a successor-in-office under Section 29(1) absolute and unconstrained by other provisions of the Sanhita?
- (A) Yes — the successor's powers are absolute under Section 29
- (B) No — they are subject to the other provisions of this Sanhita
- (C) Yes — but only when authorised by the Sessions Judge
- (D) No — they are subject only to directions from the District Magistrate
45.A Sessions Judge makes a written determination of who is the successor-in-office of a Judge under Section 29(2). For which purposes does that determination operate?
- (A) For all legal and administrative purposes, including other statutes
- (B) For the purposes of this Sanhita or of any proceedings or order thereunder
- (C) Only for administrative convenience within the Sessions Court
- (D) Only for trial proceedings but not for appellate matters

Answer key

1. B2. C3. A4. D5. C6. C7. A8. B9. D10. B11. C12. A13. B14. C15. D16. A17. C18. B19. A20. D21. B22. A23. C24. B25. D26. A27. C28. B29. D30. A31. B32. A33. A34. D35. B36. C37. A38. B39. C40. C41. B42. A43. D44. B45. B

Explanations

1. (B) Section 21(a) states that any offence under the Bharatiya Nyaya Sanhita may be tried by the High Court, the Court of Session, or any other Court by which such offence is shown in the First Schedule to be triable. The provision expressly lists these three alternatives.
2. (C) Section 21(b) states that where any other law mentions a Court in this behalf, the offence shall be tried by such Court. Thus the Court specified in the other law must try the offence.
3. (A) The proviso to Section 21(a) provides that offences under sections 64–71 shall be tried, as far as practicable, by a Court presided over by a woman. It does not state exclusivity or limit trial to the High Court.
4. (D) Section 21(b) states that when no Court is mentioned in the other law, the offence may be tried by the High Court or any other Court by which such offence is shown in the First Schedule to be triable. It thus permits either the High Court or courts indicated in the First Schedule.
5. (C) Section 21(a) provides that offences under the Bharatiya Nyaya Sanhita may be tried by the High Court, the Court of Session, or any other Court shown in the First Schedule. Therefore, even if the First Schedule shows a Magistrate, the High Court or Court of Session may still try the offence.
6. (C) Section 22(1) states that a High Court may pass any sentence authorised by law, and Section 22(2) states that a Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law. Together they show both are empowered.
7. (A) Section 22(2) explicitly provides that any sentence of death passed by a Sessions Judge or Additional Sessions Judge "shall be subject to confirmation by the High Court."
8. (B) Section 22(2) limits the confirmation requirement to sentences of death passed by a Sessions Judge or Additional Sessions Judge; other sentences (such as life imprisonment) are not made subject to that confirmation by this provision.
9. (D) Section 22(1) and (2) state the High Court and Sessions Judges may pass any sentence authorised by law, and that death sentences by Sessions Judges are subject to High Court confirmation. There is no requirement that High Court sentences be confirmed by a Sessions Judge.
10. (B) Section 22(1) provides that a High Court may pass any sentence authorised by law and contains no provision requiring confirmation of sentences passed by the High Court; the confirmation requirement in subsection (2) applies only to death sentences passed by Sessions Judges or Additional Sessions Judges.
11. (C) Section 23(1) provides that the Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. Therefore the maximum term of imprisonment the Chief Judicial Magistrate may impose is seven years.
12. (A) The Explanation states: 'Community service shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.' Thus it is unpaid work benefiting the community ordered by the Court.
13. (B) Section 23(2) states that a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years. Even if the offence under the law attracts up to 5 years, the first-class magistrate is limited to a maximum of three years.
14. (C) Section 23(3) permits a second-class magistrate to pass imprisonment not exceeding one year, or a fine not exceeding ten thousand rupees, or of both. Therefore imprisonment for 1 year together with a fine of Rs. 10,000 is permissible. Other options either exceed the statutory limits or combine punishments not authorised by the clause.
15. (D) Clause (2) lists the options in sequence: imprisonment, or fine, or of both, or of community service. Grammatically and contextually, 'both' refers to the two immediately preceding items — imprisonment and fine — rather than community service.
16. (A) Section 24(1) begins: 'The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law.' This provision expressly vests the power in the Court of a Magistrate.
17. (C) Proviso (b) to Section 24(1) states that where imprisonment has been awarded as part of the substantive sentence, the default imprisonment 'shall not ... exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict.'
18. (B) Section 24(2) expressly provides that 'The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23.' Thus addition is permitted as stated.
19. (A) Proviso (b) limits default imprisonment to 'one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.' The reference is to the term the Magistrate is competent to inflict, not the specific sentence imposed.
20. (D) Section 24(2) allows default imprisonment to be added to a substantive sentence up to the maximum under section 23, while proviso (b) to Section 24(1) states that where imprisonment is part of the substantive sentence, the default term 'shall not ... exceed one-fourth' of the term the Magistrate is competent to inflict. Thus subsection (2) does not negate the specific cap in proviso (b).
21. (B) Section 25(1) states the Court may sentence the person to the several punishments prescribed for such offences and shall, considering the gravity of offences, order such punishments to run concurrently or consecutively. The provision gives the Court the discretion to impose multiple punishments and decide concurrence or consecutiveness.
22. (A) Section 25(3) expressly provides that, for the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed under this section shall be deemed to be a single sentence. Thus the aggregate is treated as one sentence for appeal purposes.
23. (C) Section 25(2) expressly provides that it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court. The text gives a negative answer for that sole reason.
24. (B) Section 25(2)(a) provides that in no case shall such person be sentenced to imprisonment for a longer period than twenty years, which caps the total irrespective of the Court's single-offence competence. While (2)(b) limits aggregate to twice the single-offence amount (24 years here), proviso (a)'s 20-year cap is the stricter limit.
25. (D) The provisos are attached to subsection (2), which begins 'In the case of consecutive sentences,' so provisos (a) and (b) apply specifically to consecutive sentences. The text confines those limits to the consecutive-sentence context.
26. (A) Section 26(1) expressly states that in conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, empower persons. Thus the conferring authorities are the High Court or the State Government.
27. (C) Section 26(1) provides that persons may be empowered 'specially by name or in virtue of their offices or classes of officials generally by their official titles,' so both modes (by name or by office/class) are permitted.
28. (B) Section 26(2) states that every such order shall take effect from the date on which it is communicated to the person so empowered, so communication to the empowered person determines effectivity.
29. (D) Section 26(2) provides that every such order shall take effect from the date on which it is communicated to the person so empowered; therefore for a particular member of a class it takes effect when it is communicated to that person.
30. (A) Section 26(1) allows empowerment either specially by name or by virtue of office/class, and Section 26(2) states that every such order takes effect from the date it is communicated to the person so empowered, so option 1 correctly combines both clauses.
31. (B) The provision begins by specifying '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,' so only such invested office-holders are covered.
32. (A) The provision expressly states the person shall exercise the same powers 'unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed,' so such directions prevent exercise of the powers.
33. (A) The provision requires that the new appointment be 'within a like local area under the same State Government,' so an appointment under a different State Government falls outside this provision.
34. (D) The provision specifically applies to appointments 'to an equal or higher office of the same nature'; it does not extend to appointments to a lower office, so the answer is no.
35. (B) The proviso in the provision limits the power to prevent exercise of the same powers to 'the High Court or the State Government, as the case may be,' so no other authority is mentioned as capable of directing otherwise.
36. (C) Section 28(1) states that '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...'. Thus withdrawal under sub‑section (1) is by the High Court or the State Government.
37. (A) Section 28(1) expressly permits withdrawal of 'all or any of the powers conferred by it under this Sanhita on any person or by any officer subordinate to it.' Therefore the scope is 'all or any' of such powers.
38. (B) Section 28(2) states that '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.' Thus withdrawal is by the magistrate who originally conferred them.
39. (C) Section 28(1) permits 'The High Court or the State Government' to withdraw powers conferred by it. This means each may withdraw powers it itself conferred; the High Court is not authorised by this clause to withdraw powers conferred by the State Government.
40. (C) Section 28(1) allows the High Court or State Government to withdraw powers that they themselves conferred, while Section 28(2) specifies that powers conferred by the CJM or DM 'may be withdrawn by the respective Magistrate by whom such powers were conferred.' Thus only the magistrate who conferred them may withdraw them.
41. (B) Section 29(1) states that, subject to other provisions of the Sanhita, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office. The provision expressly names the successor-in-office as the person who may exercise those powers.
42. (A) Section 29(2) explicitly provides that when there is doubt as to who is the successor-in-office of a Judge, the Sessions Judge shall determine by order in writing the Judge who shall be deemed to be the successor-in-office. The provision requires a written order by the Sessions Judge.
43. (D) Section 29(3) provides that when there is 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 be deemed to be the successor-in-office. The provision contemplates either authority depending on the case.
44. (B) Section 29(1) begins with the qualification 'Subject to the other provisions of this Sanhita,' which shows that the powers and duties exercisable by a successor-in-office are not absolute but are subject to other provisions of the Sanhita.
45. (B) Section 29(2) specifies that 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. Thus the determination is expressly tied to the Sanhita and proceedings or orders under it.