Section 26 BNSS: Mode of conferring powers

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 26 BNSS at a Glance

Section 26 BNSS deals with mode of conferring powers. It replaced Section 32 CrPC on 1 July 2024.

Was CrPC

Section 32 →

Section 26 BNSS Bare Act Text

(1) In conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles.

(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.

Source: Section 26, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 26 BNSS in Simple Words

Section 26 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the mode of conferring powers under the Sanhita.

In conferring such powers, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices, or classes of officials generally by their official titles.

Every such order shall take effect from the date on which it is communicated to the person so empowered.

When Section 26 BNSS Applies

  • Under Section 26(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in conferring powers under the Sanhita, the High Court or the State Government, as the case may be, may act by order.
  • Under Section 26(1) BNSS, the order may empower persons specially by name or in virtue of their offices.
  • Under Section 26(1) BNSS, the order may also empower classes of officials generally by their official titles.
  • Under Section 26(2) BNSS, every such order shall take effect from the date on which it is communicated to the person so empowered.

Example of Section 26 BNSS

The High Court confers a power under the Bharatiya Nagarik Suraksha Sanhita, 2023 on Kavita, a judicial officer. Under Section 26(1) BNSS, the High Court may, by order, empower Kavita specially by name, in virtue of the office Kavita holds, or as one of a class of officials described generally by their official titles. The High Court makes an order empowering Kavita in virtue of that office, and the order is communicated to Kavita on a later date. Under Section 26(2) BNSS, the order takes effect from the date on which it is communicated to Kavita.

When Section 26 BNSS Does Not Apply

  • Section 26(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where the powers being conferred are not powers under the Sanhita.

Section 26 BNSS in the CrPC (Previous Law)

Section 26 BNSS replaced Section 32 CrPC from 1 July 2024.

Section 32 of the Code of Criminal Procedure, 1973 became Section 26 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, with the same heading, Mode of conferring powers. Section 26(1) BNSS reads Sanhita where Section 32(1) CrPC read Code, and its printed text reads be their official titles where Section 32(1) CrPC read by their official titles. Section 26(2) BNSS has the same text as Section 32(2) CrPC.

Each sub-section below names its own source.

FAQs on Section 26 BNSS

Who has the authority to confer powers under Section 26 BNSS and how?▼

Under Section 26(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in conferring powers under the Sanhita, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices, or classes of officials generally by their official titles.

From what date does an order conferring powers under Section 26 BNSS take effect?▼

Under Section 26(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, every order conferring powers under Section 26(1) BNSS shall take effect from the date on which it is communicated to the person so empowered.

Can powers under the Sanhita be conferred by office or official title instead of naming an individual?▼

Yes. Under Section 26(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the High Court or the State Government, as the case may be, may by order empower persons in virtue of their offices, or classes of officials generally by their official titles, as well as persons specially by name.

What changed from Section 32 CrPC to Section 26 BNSS from 1 July 2024?▼

From 1 July 2024, Section 26 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 32 of the Code of Criminal Procedure, 1973. Section 26(1) BNSS reads powers under this Sanhita where Section 32(1) CrPC read powers under this Code. The printed text of Section 26(1) BNSS reads generally be their official titles where Section 32(1) CrPC read generally by their official titles. Section 26(2) BNSS has the same text as Section 32(2) CrPC.

Section 26 BNSS: Sub-sections Explained

Section 26(1) BNSS: Mode of conferring powers

▶

Bare Act Text

(1) In conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles.

Previous Law

CrPC 32 → Section 26(1) BNSS

Section 26(2) BNSS: Mode of conferring powers

▶

Bare Act Text

(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.

Previous Law

CrPC 32(2) → Section 26(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·