BNSS Section 29 — Powers of Judges and Magistrates exercisable by their successors-in office

Summary

A judge or magistrate who takes over a position can exercise the powers and perform the duties of the previous office holder. If there is any confusion about who the proper successor is, the Sessions Judge will decide in writing who should be treated as the successor for the purposes of this law. For magistrates, the Chief Judicial Magistrate or the District Magistrate will make that decision in writing.

Official 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.

Related Judgments

• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()

Old <-> New Code Mapping

• CrPC §35 — Powers of Judges and Magistrates exercisable by their successors-in office