Section 34 CrPC: Withdrawal of Powers
Section 34 of the Code of Criminal Procedure, 1973 dealt with the authority to withdraw powers previously conferred under the Code. This page explains the provision as applicable under the CrPC before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.
Text of Section 34 of the Code of Criminal Procedure, 1973
34. Withdrawal of powers.
(1) The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this Code on any person or by any officer subordinate to it.
(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.
Meaning and Scope of Section 34 CrPC
Section 34 formed part of Chapter III of the CrPC, dealing with the powers of courts. Its purpose was to identify the authority competent to withdraw powers that had earlier been conferred under the Code.
Under sub-section (1), the High Court or the State Government could withdraw all or any powers conferred by it. The provision also extended to powers conferred by an officer subordinate to the High Court or the State Government, as the case may be.
Under sub-section (2), where powers had been conferred by the Chief Judicial Magistrate or the District Magistrate, the respective Magistrate who conferred those powers could withdraw them.
Who Could Withdraw Powers Under Section 34?
| Authority | Scope under Section 34 |
|---|---|
| High Court | Could withdraw all or any powers conferred by it under the CrPC, including powers conferred by an officer subordinate to it. |
| State Government | Could withdraw all or any powers conferred by it under the CrPC, including powers conferred by an officer subordinate to it. |
| Chief Judicial Magistrate | Could withdraw powers that the Chief Judicial Magistrate had conferred. |
| District Magistrate | Could withdraw powers that the District Magistrate had conferred. |
Section 34 and Related CrPC Provisions
Section 34 should be read in the context of Section 32 CrPC on the mode of conferring powers and Section 33 CrPC on powers of officers appointed. The next provision, Section 35 CrPC, dealt with the exercise of powers and duties by successors-in-office.
Corresponding Provision Under BNSS
For the law in force from 1 July 2024, Section 28 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision titled "Withdrawal of powers". Its substantive wording follows the same structure: the High Court or State Government may withdraw powers conferred by it or by a subordinate officer, while powers conferred by the Chief Judicial Magistrate or District Magistrate may be withdrawn by the respective conferring Magistrate.
For current criminal procedure, see the Bharatiya Nagarik Suraksha Sanhita, 2023 section of this website.
Key Point
Section 34 CrPC concerned withdrawal of statutory powers conferred under the Code. It did not deal with withdrawal from prosecution, which was separately governed by Section 321 CrPC. The identity of the authority that originally conferred the power was therefore central to determining who could withdraw it under Section 34.
This article explains the CrPC position before implementation of the BNSS and is intended for general legal information. The applicable law, saving provisions and case-specific facts should be checked before relying on the provision in a proceeding.