Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 29: 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.
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.
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.
Brief Detail
Section 29 establishes that the powers and duties of a Judge or Magistrate can be exercised by their successors-in-office. In case of uncertainty regarding the successor, the relevant authorities (Sessions Judge for Judges and Chief Judicial Magistrate or District Magistrate for Magistrates) are responsible for determining who the successor is.
Q1: Who Can Exercise the Powers of a Judge or Magistrate?
A: The powers and duties of a Judge or Magistrate may be exercised or performed by their successor-in-office, subject to other provisions of the Sanhita.
Q2: How is the Successor-in-Office Determined?
A: The Sessions Judge determines the successor Judge in case of doubt, while the Chief Judicial Magistrate or District Magistrate determines the successor Magistrate.
Q3: What Happens in Case of Doubt Regarding the Successor?
A: An order in writing will be issued by the Sessions Judge or the appropriate Magistrate to clarify who the successor-in-office is.
Example
- Example 1: If a District Magistrate retires, the newly appointed Magistrate can assume the duties and powers of the previous Magistrate.
- Example 2: If there is uncertainty about the successor Judge after a judge’s retirement, the Sessions Judge will issue an order designating the new Judge.
Summary
Section 29 clarifies the protocol for exercising the powers of Judges and Magistrates through their successors-in-office. It specifies how the successor is determined in cases of doubt, ensuring continuity and clarity in judicial proceedings.
