Section 336 CrPC: Power of State Government to Empower Officer in Charge to Discharge
1. State the Code:
Section 336 of the Code of Criminal Procedure, 1973 (CrPC) empowers the State Government to delegate its authority to the Officer in Charge of a police station to discharge certain powers related to the release of accused persons.
2. Explain the Code:
This section allows the State Government to issue a notification authorizing the Officer in Charge of a police station to release an accused person under certain circumstances. These circumstances typically involve:
- When the accused has been arrested for a bailable offense.
- When the accused has been arrested for a non-bailable offense but has been released on bail.
- When the accused has been arrested for a non-bailable offense and the investigation is complete.
The Officer in Charge can then discharge the accused after following the prescribed procedures.
3. Illustrate the Code:
Imagine a situation where someone is arrested for a bailable offense like petty theft. The State Government has authorized the Officer in Charge to discharge accused persons in such cases. The Officer in Charge, after verifying the facts and ensuring no further investigation is required, can release the accused on personal bond.
4. Common Questions and Answers:
Q: What are the conditions for the Officer in Charge to discharge an accused?
A: The Officer in Charge can only discharge an accused if the State Government has issued a notification authorizing them to do so and if the circumstances outlined in Section 336 are met.
Q: Can the Officer in Charge refuse to discharge an accused even if the State Government has authorized them?
A: The Officer in Charge can refuse to discharge an accused if they believe there are reasonable grounds to suspect that the accused may abscond or interfere with the investigation.
Q: What are the consequences of the Officer in Charge illegally discharging an accused?
A: If the Officer in Charge illegally discharges an accused, they could be held liable for misconduct and disciplinary action.
