Section 29 BNSS: Powers of Judges and Magistrates exercisable by their successors-in-office
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 29 BNSS at a Glance
Section 29 BNSS deals with powers of Judges and Magistrates exercisable by their successors-in-office. It replaced Section 35 CrPC on 1 July 2024.
Section 29 BNSS Bare Act Text
(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.
Source: Section 29, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 29 BNSS in Simple Words
Section 29 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the powers of Judges and Magistrates exercisable by their successors-in-office. 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.
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. 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 it by order in writing.
When Section 29 BNSS Applies
- 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.
- 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.
- 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.
- 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.
Example of Section 29 BNSS
When Section 29 BNSS Does Not Apply
- Section 29(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is subject to the other provisions of the Sanhita, so it does not let a successor-in-office exercise a power or perform a duty where another provision of the Sanhita provides otherwise.
Section 29 BNSS in the CrPC (Previous Law)
Section 29 BNSS replaced Section 35 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 29 BNSS
When can a successor-in-office exercise the powers and duties of a former Judge or Magistrate under Section 29 BNSS?▼
Under Section 29(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the powers and duties of a Judge or Magistrate may be exercised or performed by the successor-in-office. This is subject to the other provisions of the Sanhita.
Who determines the successor-in-office of a Judge under Section 29(2) BNSS when there is doubt?▼
Under Section 29(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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 the Sanhita or of any proceedings or order under it, be deemed to be the successor-in-office.
Who decides who is the successor-in-office of a Magistrate when there is doubt under Section 29(3) BNSS?▼
Under Section 29(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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 changed from Section 35 CrPC to Section 29 BNSS from 1 July 2024?▼
From 1 July 2024, Section 29 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 35 of the Code of Criminal Procedure, 1973. Section 35(2) CrPC spoke of doubt as to who is the successor-in-office of any Additional or Assistant Sessions Judge. Section 29(2) BNSS reads when there is any doubt as to who is the successor-in-office, and does not contain the words of any Additional or Assistant Sessions Judge or of such Additional or Assistant Sessions Judge. 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.
Section 29 BNSS: Sub-sections Explained
Section 29(1) BNSS: Powers of Judges and Magistrates exercisable by their successors-in-office
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Bare Act Text
(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.
Section 29(2) BNSS: Powers of Judges and Magistrates exercisable by their successors-in-office
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Bare Act Text
(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.
Section 29(3) BNSS: Powers of Judges and Magistrates exercisable by their successors-in-office
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·