Powers of Judges and Magistrates exercisable by their successors-inoffice
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Summary
Powers and duties of a Judge or Magistrate may be exercised by whoever succeeds them in office. If it is unclear who the successor is for a Judge, the Sessions Judge will decide in a written order who is to be treated as the successor for the purposes of this Sanhita or any proceedings under it. For a Magistrate, the Chief Judicial Magistrate or the District Magistrate will make that written determination.
Example
Priya was hearing a bail application when the Magistrate was transferred. The new Magistrate who succeeds in office can continue the hearing and decide the bail application as if they had been the original Magistrate. If there is doubt about who the successor is, the Chief Judicial Magistrate or the District Magistrate will name the successor in writing.
Bare Act
Enacted text(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.
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