CrPC Section 36
Section 36 CrPC – Powers of superior officers of police
The text in essence:
Police officers superior in rank to an officer-in-charge of a police station may exercise the same powers as such officer within the local area of their jurisdiction.
Detailed Explanation
Who is an "Officer-in-charge of a Police Station"?
Usually, the Station House Officer (SHO) or Inspector is considered the officer-in-charge of a police station.
He/she has authority to register FIRs, investigate cases, make arrests, and maintain law and order.
Who are "Superior Officers of Police"?
These are officers who hold a higher rank than the officer-in-charge of a police station.
Examples: Deputy Superintendent of Police (DSP), Additional Superintendent of Police (Addl. SP), Superintendent of Police (SP), or even higher ranks like DIG, IG, etc.
What Powers do Superior Officers Have under Section 36?
Any superior officer can exercise the same powers as an officer-in-charge of a police station, within their area of jurisdiction.
This means they can:
Register FIRs,
Investigate cases,
Make arrests,
File charge sheets,
Supervise or take over investigations from the SHO if needed.
Why is this Section important?
It ensures that investigation or policing does not get restricted only to the SHO.
Provides a check-and-balance system: if SHO is negligent, biased, or incompetent, a superior officer can step in.
It also helps in maintaining accountability and efficiency in police functioning.
Judicial Interpretation / Practical Use:
Courts have clarified that the power of superior officers is not independent but co-extensive with that of the SHO.
This means superiors can act as SHO but within the same rules and limitations given by law.
They cannot misuse the power beyond what the SHO himself could legally do.
Illustration (Example)
Suppose a complaint is filed at a police station about a serious crime, but the SHO does not take proper action. The complainant approaches the Superintendent of Police (SP). Under Section 36, the SP can directly register the case and order/initiate an investigation, instead of only directing the SHO.
✅ In summary:
Section 36 CrPC allows superior police officers to exercise the same powers as the officer-in-charge of a police station within their jurisdiction. This provision ensures effective supervision, prevents misuse or negligence by SHOs, and strengthens accountability in police administration.
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