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BNSS, 2023
Start Practicing
BNSSChapter IIISection 28
Section28

Withdrawal of powers

AI Assist

Summary

The High Court or the State Government can revoke all or part of any powers they had given to a person or to an officer under them. Similarly, a Chief Judicial Magistrate or a District Magistrate can withdraw powers they themselves had delegated. Once withdrawn, the recipient no longer has the delegated authority.

Example

Karan was authorised by the State Government to inspect local taxi permits and sign approvals. After complaints about his inspections, the State Government withdrew that delegated authority. Karan must stop inspecting and cannot sign approvals anymore.

Bare Act

Enacted text

(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(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.

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III

Chapter III

Power of Courts

In this chapter

  • 21Courts by which offences are triable
  • 22Sentences which High Courts and Sessions Judges may pass
  • 23Sentences which Magistrates may pass
  • 24Sentence of imprisonment in default of fine
  • 25Sentence in cases of conviction of several offences at one trial
  • 26Mode of Conferring powers
  • 27Powers of Officers appointed
  • 28Withdrawal of powers
  • 29Powers of Judges and Magistrates exercisable by their successors-inoffice
Previous · Section 27Powers of Officers appointedNext · Section 29Powers of Judges and Magistrates exercisable by their successors-inoffice