Legal power of Superintendent of Police to investigate a case

[Anonymous]

In one case the high court had directed the Superintendent of Police of a district to conduct investigation personally. Since SP is not officer in charge of police station or Station House Officer, what are his legal powers to investigate a crime? Can the high court ask him to investigate personally even if he is not legally empowered to investigate a case personally?

[Dr. Ashok Dhamija]

Section 36 of the Criminal Procedure Code lays down that police officers who are superior in rank to the officer in charge of a police station (i.e., SHO) can exercise all of his powers in their areas. Section 36 of the Cr.P.C. is reproduced below:

“36. Powers of superior officers of police.— 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.”

In view of this, Superintendent of Police of a district, who is an officer superior to the officer in charge of a police station, has the same powers, and in particular, he has the power to investigate a case personally.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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