Powers of superior officers of police
Section 36 of the Code of Criminal Procedure, 1973 deals with 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. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
B.-AID TO THE MAGISTRATES AND THE POLICE
Section 36, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 30 Powers of superior officers of police Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
State of Maharashtra vs Sarabgdharsingh Shivdassing Chavan
Court's Decision & Legal Precedent
The Chief Minister of a State cannot lawfully issue instructions to police authorities to give special treatment in the registration of criminal cases to any individual or family, regardless of their political status, because such interference violates the mandatory statutory obligation of police to register cognizable offences under Section 154 of the Criminal Procedure Code and breaches the constitutional guarantee of equality before law under Article 14 of the Constitution. Any such executive direction is unconstitutional, constitutes an abuse of power, and subverts the rule of law, which is a vital component of the constitutional framework ensuring equal protection and access to justice for all citizens.
On this section: Cited in context of Government's attempt to justify direction by reference to State Government's power to direct senior police officer to take cognizance
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 36
What have the courts held on Section 36 of the Code of Criminal Procedure?
State of Maharashtra vs Sarabgdharsingh Shivdassing Chavan (14 Dec 2010) is the leading judgment on this section among those set out below: Cited in context of Government's attempt to justify direction by reference to State Government's power to direct senior police officer to take cognizance.
How do I find court cases under Section 36 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 36, section 36 CRPC, section 36 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of Maharashtra vs Sarabgdharsingh Shivdassing Chavan (14 Dec 2010).
What should I read with Section 36 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 30 (Powers of superior officers of police), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 36 of the Code of Criminal Procedure come into force?
Section 36 of the Code of Criminal Procedure, cited as CRPC 36, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.