Section 36 CrPC: Powers of Superior Police Officers in India

1. State the Code:

Section 36 of the Code of Criminal Procedure (CrPC), 1973 empowers superior police officers to direct subordinate officers in certain situations.

2. Explain the Code:

Section 36 grants authority to superior police officers, including:

• Superintendent of Police (SP)
• Additional Superintendent of Police (ASP)
• Deputy Superintendent of Police (DySP)

to issue directions to subordinate officers, like:

• Inspectors
• Sub-Inspectors
• Assistant Sub-Inspectors
• Constables

in matters related to:

• Investigation and detection of crime: This includes directing officers to investigate specific cases, take necessary actions, and gather evidence. For instance, an SP might direct an Inspector to investigate a theft case or arrest a suspect.
• Maintaining law and order: The superior officer can order deployments, conduct patrols, and take steps to prevent or control any disturbances or riots in their jurisdiction. For example, an ASP might direct constables to patrol a specific area to prevent public gatherings.
• Execution of warrants: Superior officers can direct subordinate officers to execute warrants, such as arrest warrants, search warrants, or production warrants, in accordance with the law. For instance, a DySP might direct an SI to execute an arrest warrant for a specific individual.

3. Illustrate the Code:

Let’s consider a hypothetical scenario:

In a city, there is a rise in street crime. The SP, concerned about the situation, calls a meeting with the ASP and Inspectors. He directs the ASP to increase police patrols in high-crime areas, and he instructs the Inspectors to investigate the recent robberies and apprehend the culprits. This scenario illustrates the use of Section 36, where the SP is directing his subordinates to take necessary actions to maintain law and order and investigate crimes.

4. Common Questions and Answers:

Q: Can a superior officer directly investigate a crime?
A: No. Section 36 does not authorize a superior officer to directly investigate a crime. Their role is to direct and supervise subordinate officers who are responsible for investigations.

Q: Does Section 36 grant unlimited powers to superior officers?
A: No. The powers of superior officers under Section 36 are not absolute. They must act within the framework of law and exercise their powers reasonably and fairly.

Q: What are the consequences of misuse of Section 36 powers?
A: Misusing the powers under Section 36 can lead to disciplinary action or even legal prosecution for abuse of power.