Powers of Judges and Magistrates exercisable by their successors-in-office
Section 29 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with powers of Judges and Magistrates exercisable by their successors-in-office. 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. The Act came into force on 01 Jul 2024.
(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.
Section 29, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 35 Powers of Judges and Magistrates exercisable by their successors-in-office Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shashikant Khanbat vs State of Chhattisgarh
Decided under Code of Criminal Procedure 35, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving serious offences under Section 20(b) of the NDPS Act, bail may be denied even after extended pre-trial custody, but the appellate court must simultaneously intervene to expedite trial completion through specific, time-bound directions to the trial court, thereby balancing the dual imperatives of protecting public interest against serious drug crimes and ensuring the constitutional right to speedy trial.
On this section: Inferred as the applicable statutory framework governing bail decisions in criminal cases, though not explicitly cited in the order.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 29
What have the courts held on Section 29 of the Bharatiya Nagarik Suraksha Sanhita?
Shashikant Khanbat vs State of Chhattisgarh (07 Feb 2025) is the leading judgment on this section among those set out below, though it was decided under CRPC 35, which this section replaced -- the court never mentioned this Act: Inferred as the applicable statutory framework governing bail decisions in criminal cases, though not explicitly cited in the order.
How do I find court cases under Section 29 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 29, section 29 BNSS, section 29 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Shashikant Khanbat vs State of Chhattisgarh (07 Feb 2025).
What should I read with Section 29 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 35 (Powers of Judges and Magistrates exercisable by their successors-in-office), so the judgments decided under that provision are the case law on this one.
When did Section 29 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 29 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 29, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.