Legal provisions regarding powers of superior officers of police under section 36 of the Code of Criminal Procedure, 1973.
Section 36 of the Code of Criminal Procedure, 1973 provides that police officer 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. However, officers assigned to Task Force cannot be said to be police officers superior in rank to officer in charge of police station and they could not possess these powers.
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ADVERTISEMENTS:
The following officers are held to be ‘superior in rank’: (i) Superintendent of police, (ii) Deputy Superintendent of Police, (iii) Deputy Commissioner of Police, (iv) Additional Inspector-General of Police, (v) Deputy Superintendent of Criminal Investigation Department, and (vi) Inspector of Police. But the Deputy Superintendent of the Vigilance Department, though an officer superior in rank, is not an officer superior in rank to the Inspector of Police investigating police station case.
The police officers who are in charge of police stations have been given wider powers as they are required by the Code to play a pivotal role in the investigation and prevention of crime.
When the Officer-in-Charge of a Police Station submitted a final report but afterwards on receipt of certain clues by the Officer, superior in rank to the officer-in-charge of the said police station, filed an application for further investigation, his action is valid as per Section 36 of the Code.
It is permissible for any superior officer of police to take over the investigation from such officer-in-charge of the police station either suo motu or on the direction of the superior officer even that of the Government. The State Government can direct under Section 36 higher police officials to investigate the case, and such directions can be given by the higher officer to his subordinate officer in the police department.
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In the case of cognizable offences, it is the duty of every police officer whether he is in charge of a police station or a superior officer, to make an investigation if and when he receives information about the commission of such an offence.