Notification for delegation of powers under the Bharatiya Nagarik Suraksha Sanhita, 2023 to the Administrators/ Lieutenant Governors of UTs

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-28062024-255013 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 2377] NEW DELHI, FRIDAY, JUNE 28, 2024/ASHADHA 7, 1946 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 28th June, 2024 S.O. 2506(E). In pursuance of clause (1) of article 239 of the Constitution and in supersession of all previous orders on the subject, the President hereby directs that the Administrators of all Union territories (whether known as Administrator or Lieutenant Governor) shall, subject to the control of the President and until further orders, exercise the powers and discharge the functions under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) and the rules made thereunder within their respective Union territories, as mentioned in the Schedule hereto annexed, subject to the condition that the Central Government may itself exercise all or any of those powers and discharge all or any of those functions, if it deems necessary to do so in respect of Union territories. 2. This notification shall come into force from the 1st day of July, 2024. SCHEDULE Powers and functions 1. All powers and functions of the State Government except those conferred by Section 523. 2. (a) the powers and functions of the Central Government under sub-section (1) of section 218 and sub-section (4) of section 222, in respect of persons employed in connection with the affairs of the concerned Union territory; (b) the power of the Central Government under item (i) of the proviso to section 360 to permit the Public Prosecutor to withdraw from a prosecution, where the offence is against a law relating to a matter enumerated in List II or List III to the Seventh Schedule to the Constitution. 3. The powers and functions of the appropriate Government under section 473 except in respect of – (a) cases, where the sentence is the sentence of death and has not been commuted; (b) cases where the sentence is for an offence against any law relating to any of the matters enumerated in List I to the Seventh Schedule to the Constitution; and (c) cases where the order referred to in sub-section (6) of section 473 is passed under any law relating to any of the matters enumerated in List I to the Seventh Schedule to the Constitution. [F. No. U-11030/3/2024-UTL] ASHUTOSH AGNIHOTRI, Jt. Secy.