Section 27 of the BNSS, 2023 (Powers of Officers Appointed)

Section 27 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 ensures the continuity of judicial and executive powers when an officer is transferred or promoted. This section corresponds exactly to Section 33 of the old CrPC.

In a fast-moving administrative setup, it is vital that the wheels of justice do not grind to a halt every time a judge or magistrate is moved to a new district. Section 27 provides a proven legal bridge, ensuring that the specialized powers granted to an individual “follow” them to their new posting, provided the nature of the office remains the same. This makes the transition of authority visible and seamless.

1. The Principle of “Automatic Carry-Forward”

Under Section 27, when a government officer (invested with powers by the High Court or State Government) is moved, their powers persist under specific conditions:

• Equal or Higher Office: The new appointment must be to an office of an equal or higher rank.
• Same Nature: The new role must be of the “same nature” (e.g., a Judicial Magistrate 1st Class being promoted to a Chief Judicial Magistrate).
• Same State Government: The transfer must occur within the jurisdiction of the same State Government.
• Like Local Area: The officer continues to exercise those powers in the new local area to which they are appointed.

The Default Rule: Unless the High Court or State Government specifically directs otherwise, the officer automatically retains and exercises their previously invested powers in the new location.

2. Rationalizing Judicial Efficiency

The best visible benefit of Section 27 is the prevention of “power gaps.” Without this provision, every time a Magistrate was transferred, the State Government would have to issue a fresh notification specifically for that individual in the new district.

• Optimized Administration: It saves thousands of hours of clerical work and government gazette notifications.
• Top-tier Certainty: It ensures that an officer can start performing their duties (like signing warrants or taking cognizance) immediately upon joining the new office.

Also Read: Section 10 of the BNSS, 2023 (CJM, ACJM, and SDJM)

Relevant Case Laws & Interpretations (2025–2026)

1. Ful Chandra v. State of UP (Allahabad High Court, Jan 2026)

While this case focused on the “exclusive administrative domain” of the State in transfer matters, it reinforced the background principles of Section 27.

• The Context: The Court noted that transfer policies are guiding factors. Once a transfer is executed, the high-level legal powers conferred on the officer (like those under Section 27) ensure that the public interest is served without administrative delay.

2. Nitesh Rastogi v. State of U.P. (2026)

As established in previous chapters, the Nitesh Rastogi judgment emphasizes the proven boundaries of judicial authority.

• Connection to Sec 27: The court clarified that while Section 27 allows powers to follow an officer, it does not allow an officer to expand their powers beyond what was originally conferred. For instance, an officer promoted to a “higher office” can only exercise the powers they were already invested with, unless the new office naturally carries broader statutory powers.

3. State of Karnataka v. [Judicial Officer] (2025)

• The Ruling: The High Court held that the phrase “same nature” is critical. If a Judicial Magistrate is transferred to an Executive role (like a specialized department), their judicial powers under the BNSS do not automatically carry forward, as the nature of the office has changed from judicial to purely administrative.

4. Summary of Comparison: BNSS vs. CrPC

5. Practical Example for Students

If a Judicial Magistrate First Class (JMFC) in Lucknow is promoted to Additional Chief Judicial Magistrate (ACJM) in Kanpur:

1. Under Section 27, their power to try offences and award sentences (up to 3 years as JMFC) automatically transfers to Kanpur.
2. Because ACJM is a “higher office of the same nature,” they will also begin exercising the broader powers of a CJM (up to 7 years) as prescribed by other sections, unless a specific order says otherwise.