Chapter III
Section 35 CrPC: Powers of Judges and Magistrates exercisable by their successors-in-office
New Law Update (2024)
Section 36 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Subject to the other provisions of this Code, 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 of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceeding or order thereunder, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge.
(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 purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.
Important Sub-Sections Explained
Section 35(1)
This subsection establishes the fundamental principle that a successor Judge or Magistrate can take over the powers and duties of their predecessor, which is vital for maintaining continuous judicial processes and avoiding delays.
Section 35(2) & (3)
These subsections are important for practical application as they specify who decides if there’s any confusion about who the new Judge or Magistrate is. For higher courts, the Sessions Judge decides, and for Magistrates, the Chief Judicial Magistrate or District Magistrate clarifies the successor’s identity.
Landmark Judgements
Jagmohan v. State of Rajasthan (2009):
The Rajasthan High Court held that a successor judge is fully empowered to continue proceedings from the stage at which they were left by the predecessor, thereby ensuring uninterrupted judicial process and preventing delays.
State of U.P. v. Ram Prakash (1993):
The Allahabad High Court affirmed that a successor Magistrate can lawfully exercise all powers and perform all duties of their predecessor, including continuing proceedings, under Section 35 of the CrPC, provided there is no specific bar in law.
N.B. Singh v. State of Manipur (2009):
The Gauhati High Court emphasized that Section 35 is crucial for maintaining the continuity of judicial administration, allowing for the seamless transfer of judicial functions to a successor and preventing the disruption of ongoing cases.