Section 32 CrPC: Conferring Powers
This section of the Code of Criminal Procedure (CrPC) empowers certain authorities to exercise powers vested in other authorities under the CrPC, under specific circumstances.
1. The Code
Section 32 CrPC states:
“Whenever, in any case, any power is conferred by this Code on any officer, the State Government may, by general or special order, confer that power, subject to such conditions as may be specified in the order, on any other officer subordinate to the officer on whom the power is conferred by this Code.”
2. Explanation
- This section provides the State Government with the authority to delegate certain powers vested in specific officers to other subordinate officers.
- This delegation can be done through either general or special orders.
- The State Government can impose conditions on the delegated power.
3. Illustration
Consider a scenario where a Magistrate is empowered to issue search warrants under the CrPC. The State Government, under Section 32, can empower a police officer, subordinate to the Magistrate, to issue search warrants in certain specified cases.
4. Common Questions and Answers
Q1. What is the purpose of Section 32 CrPC?
A1. The purpose is to ensure efficient administration of justice by allowing the State Government to delegate powers to subordinate officers, especially in situations where the original authority may not be readily available.
Q2. Can any officer be given powers under Section 32?
A2. No, the power can only be delegated to officers subordinate to the original authority. The State Government can specify the conditions for delegation, ensuring proper control over the exercise of the power.
Q3. Are there any limitations on the powers that can be delegated under Section 32?
A3. Yes, the power delegated cannot be one that is specifically stated to be non-delegable in the CrPC or other relevant laws. For example, powers relating to judicial decisions cannot be delegated.
