Section 34 CrPC: Withdrawal of powers

Code of Criminal Procedure, 1973

Section 34 CrPC at a Glance

Section 34 CrPC deals with withdrawal of powers. From 1 July 2024 it is replaced by Section 28 BNSS.

Now BNSS

What Section 34 CrPC Says

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(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.

Source: Section 34, Code of Criminal Procedure, 1973

Section 34 CrPC in Simple Words

Section 34 of the Code of Criminal Procedure, 1973 deals with the withdrawal of powers.

Under Section 34(1) CrPC, 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 or by any officer subordinate to it.

Under Section 34(2) CrPC, any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.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 34 CrPC Applies

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.
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.
Under Section 34(2) CrPC, any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn.
Under Section 34(2) CrPC, such powers may be withdrawn by the respective Magistrate by whom such powers were conferred.

Example of Section 34 CrPC

The State Government confers certain powers under the Code of Criminal Procedure, 1973 on Ramesh. Under Section 34(1) CrPC, the State Government may later withdraw all or any of those powers. Separately, Meera, a Chief Judicial Magistrate, confers powers under the Code on Kavita. Under Section 34(2) CrPC, those powers may be withdrawn by Meera, as the Magistrate by whom they were conferred.

When Section 34 CrPC Does Not Apply

Section 34 of the Code of Criminal Procedure, 1973 deals with powers conferred under the Code. It does not deal with powers conferred under any other law.

Section 34 CrPC Under BNSS 28: What Changed

Section 34 CrPC is now covered under Section 28 BNSS.

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.

View detailed comparison (CrPC 34 vs BNSS 28) →

FAQs on Section 34 CrPC

Who may withdraw powers under Section 34(1) CrPC, and which powers can be withdrawn?▼

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 or by any officer subordinate to it.

Can the High Court or the State Government withdraw only some of the powers conferred on a person under Section 34(1) CrPC?▼

Yes. Section 34(1) of the Code of Criminal Procedure, 1973 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 Code 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 34(2) CrPC?▼

Under 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.

Does Section 34 CrPC say that conferred powers must be withdrawn?▼

No. Section 34(1) of the Code of Criminal Procedure, 1973 says that the High Court or the State Government, as the case may be, may withdraw the powers, and Section 34(2) CrPC says that the powers may be withdrawn by the respective Magistrate by whom they were conferred.

Where is Section 34 CrPC found from 1 July 2024?▼

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

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·