Section 36 of Code of Criminal Procedure, 1973 and Its Scope Explained by Supreme Court

Section 36 of Code of Criminal Procedure, 1973 and Its Scope Explained by Supreme Court

Section 36 of Code of Criminal Procedure, 1973 says this : "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." S.36 of Code, 1973 can be compared with S.30 of BNSS, 2023.

It has been held in State of Kerala v. P.B. Sourabhan [2016] GCtR 6577 (SC) that "we do not see how Sec. 36, in any way, can debar the exercise of powers by the State Police Chief to appoint any superior officer who, in his opinion, would be competent and fit to investigate a particular case keeping in view the circumstances thereof."

"Section 36 empowers police officers superior in rank to an officer in charge of a Police Station to exercise the same powers as that of an officer in charge of a police station insofar as the territorial/local area within the jurisdiction of such superior police officers is concerned. Section 18(1) of the State Police Act, on the other hand, vests the administration, supervision, direction and control of the police throughout the State in the State Police Chief."

The power under Section 36, on a plain reading thereof, is to be exercised by the District Police Chief who, by virtue of the said section, is empowered to appoint an officer above the rank of an officer in charge of a police station to exercise the same powers as may be exercised by an officer in charge of the police station. This is, however, subject to the condition that such superior officer would be competent to exercise powers within the territorial/local limits of his jurisdiction.  

Section 36 of Code, 1973 does not fetter the jurisdiction of the State Police Chief to pass such an order based on his satisfaction. It is the satisfaction of the State Police Chief, in the light of the facts of a given case, that would be determinative of the appointment to be made in which situation the limits of jurisdiction will not act as fetter or come in the way of exercise of such jurisdiction by the superior officer so appointed. Such an appointment would not be hedged by the limitations imposed by Section 36 of Code of Criminal Procedure, 1973. Section 18 of the State Police Act, on the other hand, does not confer any such power and merely recognises the State Police Chief as the head of the police force in the State.