Power of Superior Officers of Police (Section-36) under CrPC

 

Section 36: Powers of Superior Officers of Police under the Criminal Procedure Code (CrPC), 1973, grants superior police officers the authority to exercise the same powers as those of an officer in charge of a police station.

Key Provisions of Section 36:

  • Superior Officers Defined: The term "superior officers" refers to officers who are above the rank of the officer in charge of a police station. This typically includes ranks like:

    • Superintendent of Police (SP) (पुलिस अधीक्षक)
    • Deputy Superintendent of Police (DSP) (उप पुलिस अधीक्षक)
    • Assistant Superintendent of Police (ASP) (सहायक पुलिस अधीक्षक)
    • Other senior officers in the police hierarchy.

  • Power to Exercise Functions: Superior officers are empowered to perform any function or exercise any power that is conferred on an officer in charge of a police station under the CrPC. This includes powers related to:

    • Investigations: Initiating and conducting investigations (ध्यानपूर्वक जांच करना).
    • Arrests: Carrying out arrests without a warrant (बिना वारंट के गिरफ्तारी करना).
    • Searches: Conducting searches as per the legal provisions.
    • Seizures: Seizing property and evidence relevant to an investigation.

  • Jurisdiction: Superior officers can exercise these powers throughout the jurisdiction under which they serve. Their jurisdiction generally extends over a wider area than that of a station officer.

Purpose and Implications:

  • Oversight and Control: Section 36 allows superior police officers to ensure that the law is properly enforced and that investigations and other police duties are performed efficiently.
  • Enhanced Accountability: By granting these powers, the law allows higher-ranking officers to step in and take control of situations where necessary, which ensures accountability and proper handling of criminal investigations and processes.

In essence, Section 36 ensures that superior officers can oversee and intervene in the activities of lower-ranking police officers when required, helping to maintain efficiency, discipline, and fairness in law enforcement.

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