Section 35 CrPC: Powers of Judges and Magistrates exercisable by their successors-in-office

Code of Criminal Procedure, 1973

Section 35 CrPC at a Glance

Section 35 CrPC deals with powers of Judges and Magistrates exercisable by their successors-in-office. From 1 July 2024 it is replaced by Section 29 BNSS.

Now BNSS

Section 29 →

What Section 35 CrPC Says

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.

Source: Section 35, Code of Criminal Procedure, 1973

Section 35 CrPC in Simple Words

Section 35 of the Code of Criminal Procedure, 1973 deals with the powers of Judges and Magistrates exercisable by their successors-in-office. 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.

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 it by order in writing. 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 35 CrPC Applies

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.
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.
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.
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.

Example of Section 35 CrPC

Additional Sessions Judge Deshmukh is hearing proceedings under the Code of Criminal Procedure, 1973 and leaves that office. There is doubt as to who is the successor-in-office of Additional Sessions Judge Deshmukh. Under Section 35(2) CrPC, the Sessions Judge determines by order in writing that Additional Sessions Judge Kulkarni shall be deemed to be the successor-in-office for the purposes of the Code and of those proceedings. Under Section 35(1) CrPC, subject to the other provisions of the Code, Additional Sessions Judge Kulkarni may then exercise the powers and perform the duties of Additional Sessions Judge Deshmukh.

When Section 35 CrPC Does Not Apply

Section 35(1) of the Code of Criminal Procedure, 1973 is subject to the other provisions of the Code, so it does not let a successor-in-office exercise a power or perform a duty where another provision of the Code provides otherwise.

Section 35 CrPC Under BNSS 29: What Changed

Section 35 CrPC is now covered under Section 29 BNSS.

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.

View detailed comparison (CrPC 35 vs BNSS 29) →

FAQs on Section 35 CrPC

Can a successor-in-office exercise all powers and duties of a former Judge or Magistrate under Section 35 CrPC?▼

Under Section 35(1) of the Code of Criminal Procedure, 1973, 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 Code.

Who resolves a doubt about the successor-in-office of an Additional or Assistant Sessions Judge under Section 35 CrPC?▼

Under Section 35(2) of the Code of Criminal Procedure, 1973, 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 the Code or of any proceedings or order under it, be deemed to be the successor-in-office.

Who determines the successor-in-office when there is doubt regarding a Magistrate under Section 35 CrPC?▼

Under Section 35(3) of the Code of Criminal Procedure, 1973, 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.

Where is Section 35 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 35 CrPC is found in Section 29 BNSS. 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.

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