Section 28 BNSS: Withdrawal of powers
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 28 BNSS at a Glance
Section 28 BNSS deals with withdrawal of powers. It replaced Section 34 CrPC on 1 July 2024.
Section 28 BNSS Bare Act Text
(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(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.
Source: Section 28, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 28 BNSS in Simple Words
Section 28 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the withdrawal of powers.
Under Section 28(1) BNSS, 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.
Under Section 28(2) BNSS, any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.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 Section 28 BNSS Applies
- 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.
- 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.
- Under Section 28(2) BNSS, any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn.
- Under Section 28(2) BNSS, such powers may be withdrawn by the respective Magistrate by whom such powers were conferred.
Example of Section 28 BNSS
When Section 28 BNSS Does Not Apply
- Section 28 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with powers conferred under the Sanhita. It does not deal with powers conferred under any other law.
Section 28 BNSS in the CrPC (Previous Law)
Section 28 BNSS replaced Section 34 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 28 BNSS
Which authorities may withdraw powers under Section 28(1) BNSS, and whose powers are covered?▼
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 or by any officer subordinate to it.
Does Section 28(1) BNSS allow partial withdrawal of powers conferred under the Sanhita?▼
Yes. Section 28(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that 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.
Who may withdraw powers conferred by a Chief Judicial Magistrate or a District Magistrate under Section 28(2) BNSS?▼
Under Section 28(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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.
Does Section 28 BNSS say that conferred powers must be withdrawn?▼
No. Section 28(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that the High Court or the State Government, as the case may be, may withdraw the powers, and Section 28(2) BNSS says that the powers may be withdrawn by the respective Magistrate by whom they were conferred.
What changed from Section 34 CrPC to Section 28 BNSS from 1 July 2024?▼
From 1 July 2024, Section 28 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 34 of the Code of Criminal Procedure, 1973. Section 28(1) BNSS reads powers conferred by it under this Sanhita where Section 34(1) CrPC read under this Code. Section 28(2) BNSS has the same text as Section 34(2) CrPC.
Section 28 BNSS: Sub-sections Explained
Section 28(1) BNSS: Withdrawal of powers
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Bare Act Text
(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.
Section 28(2) BNSS: Withdrawal of powers
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·