Bharatiya Nagarik Suraksha Sanhita, 2023
Section 26
Mode of conferring powers
(1) In conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles.
(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.
Why this exists
Criminal procedure law gives many special powers (like powers of certain magistrates or officers) that are not automatic for everyone — they must be specifically conferred by a competent authority. This provision, carried forward from Section 21 of the old Code of Criminal Procedure, 1973, standardizes how such conferral must happen: by formal order, and how it takes legal effect: only upon communication. This avoids disputes about whether an official secretly held a power before being informed, and ensures clarity and accountability in the chain of delegated authority.
How courts read it
Under the identical predecessor provision (Section 21 CrPC), courts have held that an order conferring powers is not effective in law until it is actually communicated to the officer concerned; any exercise of power before communication is generally treated as without authority. Courts have also recognized that conferral can validly be made either on a named individual or generically on a class of officials described by their office, without needing to name each officer separately.
Common misconceptions
- Myth: An official automatically gets the power the moment the government signs the order.
Fact: The section clearly states the order takes effect only when it is communicated to that person, not from the date it is signed or issued. - Myth: Powers can only be given to a specific named individual.
Fact: The section allows powers to be given to a named person, to someone by their office, or generally to a whole class of officials by title.