CrPC 35→BNSS 29

CrPC 35 to BNSS 29: Powers of Judges and Magistrates exercisable by their successors-in-office

Section 35 CrPC (1973) replaced by Section 29 BNSS (2023)

View CrPC Section 35 →View BNSS Section 29 →

CrPC 35 to BNSS 29 at a Glance

Section 35 CrPC (Powers of Judges and Magistrates exercisable by their successors-in-office) is now Section 29 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 35 to BNSS 29?

Section 35 of the Code of Criminal Procedure, 1973 became Section 29 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading. Section 29(2) BNSS does not contain the words of any Additional or Assistant Sessions Judge and of such Additional or Assistant Sessions Judge found in Section 35(2) CrPC, and reads when there is any doubt as to who is the successor-in-office. Section 29(1) BNSS and Section 29(3) BNSS read Sanhita where Section 35 CrPC read Code, and the rest of their text is the same.

CrPC 35 vs BNSS 29: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section3529
HeadingPowers of Judges and Magistrates exercisable by their successors-in-officeSame
Sub-sections3 sub-sectionsSame

CrPC 35 and BNSS 29: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 35, CrPC 1973

35. Powers of Judges and Magistrates exercisable by their successors-in-office.—(1) Subject to the other provisions of this Code, 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 of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge. (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 Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.
BNSS 2023 (in force)

Section 29, BNSS 2023

29. Powers of Judges and Magistrates exercisable by their successors-in-office.—(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.

When It Applies: CrPC 35 vs BNSS 29

Under CrPC 35
  1. Under Section 35(1) of the Code of Criminal Procedure, 1973, subject to the other provisions of the Code, the powers and duties of a Judge or Magistrate may be exercised or performed by the successor-in-office.
  2. Under Section 35(2) CrPC, when there is any doubt as to who is the successor-in-office of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall be deemed to be the successor-in-office.
  3. Under Section 35(2) CrPC, the Judge so determined shall, for the purposes of the Code or of any proceedings or order under it, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge.
  4. Under Section 35(3) CrPC, 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 the Code or of any proceedings or order under it, be deemed to be the successor-in-office of such Magistrate.
Under BNSS 29
  1. Under Section 29(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the other provisions of the Sanhita, the powers and duties of a Judge or Magistrate may be exercised or performed by the successor-in-office.
  2. Under Section 29(2) BNSS, 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 be deemed to be the successor-in-office.
  3. Under Section 29(2) BNSS, the Judge so determined shall, for the purposes of the Sanhita or of any proceedings or order under it, be deemed to be the successor-in-office.
  4. Under Section 29(3) BNSS, 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 the Sanhita or of any proceedings or order under it, be deemed to be the successor-in-office of such Magistrate.

What CrPC 35 to BNSS 29 Means in Practice

From 1 July 2024, the provision on powers of Judges and Magistrates exercisable by their successors-in-office is found in Section 29 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 35 of the Code of Criminal Procedure, 1973. Under Section 29(2) BNSS, 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 be deemed to be the successor-in-office, and the sub-section does not name an Additional or Assistant Sessions Judge as Section 35(2) CrPC did. The rule for Magistrates in Section 29(3) BNSS has the same text apart from Sanhita for Code.

FAQs: CrPC 35 to BNSS 29

Where is Section 35 CrPC located from 1 July 2024?▼

From 1 July 2024, Section 35 of the Code of Criminal Procedure, 1973 is found in Section 29 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 35(1) CrPC maps to Section 29(1) BNSS, Section 35(2) CrPC maps to Section 29(2) BNSS, and Section 35(3) CrPC maps to Section 29(3) BNSS.

What changed between Section 35(2) CrPC and Section 29(2) BNSS?▼

Section 35(2) of the Code of Criminal Procedure, 1973 applied when there was any doubt as to who is the successor-in-office of any Additional or Assistant Sessions Judge. Section 29(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads when there is any doubt as to who is the successor-in-office, and does not contain either reference to an Additional or Assistant Sessions Judge. Under Section 29(2) BNSS, the Sessions Judge shall determine by order in writing the Judge who shall be deemed to be the successor-in-office.

Did the rule for determining the successor-in-office of a Magistrate change between Section 35(3) CrPC and Section 29(3) BNSS?▼

No. Section 29(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads Sanhita where Section 35(3) of the Code of Criminal Procedure, 1973 read Code, and the rest of the text is the same. 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 be deemed to be the successor-in-office of such Magistrate.

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 ·