Powers of officers appointed
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Summary
An officer who already holds powers under this Code for a particular local area will, on being appointed to an equal or higher post of the same kind in a like local area under the same State Government, continue to exercise those powers unless the High Court or the State Government directs otherwise. In short, a transfer or promotion within the same area does not automatically remove previously granted powers.
Example
Priya had been given CrPC powers for her district while serving as an assistant magistrate. When she is promoted to a higher but similar post in the same district under the same State Government, she will continue to exercise those powers unless the High Court or State Government orders otherwise.
Bare Act
Enacted textWhenever 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 Code throughout any local area is appointed to an equal or higher office of the same nature, 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.
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