CrPC 34→BNSS 28

CrPC 34 to BNSS 28: Withdrawal of powers

Section 34 CrPC (1973) replaced by Section 28 BNSS (2023)

View CrPC Section 34 →View BNSS Section 28 →

CrPC 34 to BNSS 28 at a Glance

Section 34 CrPC (Withdrawal of powers) is now Section 28 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 34 to BNSS 28?

Section 34 of the Code of Criminal Procedure, 1973 became Section 28 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading, Withdrawal of powers. Section 28(1) BNSS reads Sanhita where Section 34(1) CrPC read Code, and Section 28(2) BNSS has the same text as Section 34(2) CrPC.

CrPC 34 vs BNSS 28: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section3428
HeadingWithdrawal of powersSame
Sub-sections2 sub-sectionsSame

CrPC 34 and BNSS 28: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 34, CrPC 1973

34. 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 Code 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 (2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.
BNSS 2023 (in force)

Section 28, BNSS 2023

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 (2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.

When It Applies: CrPC 34 vs BNSS 28

Under CrPC 34
  1. Under Section 34(1) of the Code of Criminal Procedure, 1973, the High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under the Code on any person.
  2. Under Section 34(1) CrPC, the High Court or the State Government, as the case may be, may also withdraw all or any of the powers conferred by any officer subordinate to it.
  3. Under Section 34(2) CrPC, any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn.
  4. Under Section 34(2) CrPC, such powers may be withdrawn by the respective Magistrate by whom such powers were conferred.
Under BNSS 28
  1. Under Section 28(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under the Sanhita on any person.
  2. Under Section 28(1) BNSS, the High Court or the State Government, as the case may be, may also withdraw all or any of the powers conferred by any officer subordinate to it.
  3. Under Section 28(2) BNSS, any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn.
  4. Under Section 28(2) BNSS, such powers may be withdrawn by the respective Magistrate by whom such powers were conferred.

What CrPC 34 to BNSS 28 Means in Practice

From 1 July 2024, the provision on withdrawal of powers is found in Section 28 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 34 of the Code of Criminal Procedure, 1973. The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under the Sanhita on any person or by any officer subordinate to it, and powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate.

FAQs: CrPC 34 to BNSS 28

Where is Section 34 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

From 1 July 2024, Section 34 of the Code of Criminal Procedure, 1973 is found in Section 28 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 34(1) CrPC maps to Section 28(1) BNSS, and Section 34(2) CrPC maps to Section 28(2) BNSS.

Did Section 28(1) BNSS change the power of the High Court or the State Government under Section 34(1) CrPC?▼

No. Section 28(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads Sanhita where Section 34(1) of the Code of Criminal Procedure, 1973 read Code, and the rest of the text is the same. The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it on any person or by any officer subordinate to it.

Is there any difference between Section 34(2) CrPC and Section 28(2) BNSS?▼

No. Section 28(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as Section 34(2) of the Code of Criminal Procedure, 1973. 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.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·