Section 36 CrPC: Powers of superior officers of police

Chapter IV

Section 36 CrPC: Powers of superior officers of police

Criminal procedure, Investigation powers, Officer in charge of police station, Police administration, Police hierarchy, Police powers, Superior police officers, territorial jurisdiction

New Law Update (2024)

Section 36 BNSS

TRIAL COURT

Punishment

Procedural – Trial / Charge

Cognizable?

Bailable?

Compoundable?

Bare Act Text

Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.

Important Sub-Sections Explained

Landmark Judgements

Manzoor Ali v. State (NCT of Delhi) (2018):

This Delhi High Court judgment affirmed that superior police officers, including ACPs, by virtue of Section 36 CrPC, possess the same powers as an Officer in Charge of a Police Station, enabling them to register First Information Reports (FIRs) under Section 154 CrPC.

State of Punjab v. Central Bureau of Investigation (2011):

The Supreme Court, while discussing the powers of police officers in investigation, implicitly underscored that superior officers can exercise powers, including those related to supervision and control over investigations, which an Officer in Charge of a Police Station can, thereby reinforcing the operational scope of Section 36 CrPC.

Chapter IV