CrPC Section 336 and BNSS Section 375: State Government Power to Authorise Jail Officers
Section 336 of the Code of Criminal Procedure, 1973 addressed the State Government's power to authorise a jail officer to perform specified functions of the Inspector-General of Prisons. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 375.
BNSS Section 375: Meaning and statutory provision
Heading: Power of State Government to empower officer in charge to discharge.
The State Government may empower the officer in charge of the jail in which a person is confined under the provisions of section 369 or section 374 to discharge all or any of the functions of the Inspector-General of Prisons under section 376 or section 377.
In practical terms, the State Government may grant authority to the officer in charge of a particular jail to perform some or all of the relevant statutory functions ordinarily assigned to the Inspector-General of Prisons. The provision is enabling: it does not itself automatically transfer those functions to every jail officer.
Scope and conditions of the power
- Who grants authority? The State Government.
- Who may be empowered? The officer in charge of the jail where the person is confined.
- Which cases are covered? Confinement under BNSS Section 369 or Section 374.
- Which functions may be assigned? All or any functions of the Inspector-General of Prisons under BNSS Sections 376 and 377.
- What is the limit? The authorisation extends only to the functions and circumstances covered by the applicable law and State Government authorisation; it does not create an unrestricted power of release.
Related BNSS sections explained
| Provision | Subject and relevance |
|---|---|
| BNSS 369 | Release of a person of unsound mind pending investigation or trial; one of the confinement provisions referred to in Section 375. |
| BNSS 374 | Safe custody or delivery to a relative or friend after acquittal on the ground of unsoundness of mind; the other confinement provision referred to in Section 375. |
| BNSS 376 | Procedure when a detained person is reported capable of making a defence, including the relevant certification and appearance before the court. |
| BNSS 377 | Procedure when a detained person is declared fit to be released, subject to the statutory decision-making process. |
| BNSS 531 | Repeal and savings, relevant when determining whether the BNSS or the earlier CrPC continues to govern a proceeding. |
Original CrPC Section 336: Statutory text
Power of State Government to empower officer-in-charge to discharge.
The State Government may empower the officer in charge of the jail in which a person is confined under the provisions of section 330 or section 335 to discharge all or any of the functions of the Inspector-General of Prisons under section 337 or section 338.
This is the original wording of Section 336 of the Code of Criminal Procedure, 1973. The BNSS provision retains the same essential enabling power but refers to the renumbered provisions: BNSS Sections 369 and 374 for confinement, and Sections 376 and 377 for the Inspector-General's functions.
Practical significance
Section 375 is relevant where a person has been confined under the provisions concerning accused persons of unsound mind. It provides an administrative mechanism for State Governments to delegate specified functions to a jail officer, while the substantive procedures concerning fitness to defend and release remain governed by the connected statutory provisions.
A report or certification about mental condition is not the same as an automatic release order. The relevant statutory procedure, court directions and State Government decisions must be considered in each case.
Frequently asked questions
Which BNSS section replaces CrPC Section 336?
BNSS Section 375 is the corresponding provision.
Can the officer in charge of a jail act without State Government authorisation?
Section 375 empowers the State Government to confer the specified functions. It does not automatically confer them on all jail officers.
Does Section 375 allow a jail officer to release a person without following other provisions?
No. Section 375 concerns delegation of specified functions under Sections 376 and 377. The substantive requirements and applicable decision-making process still apply.
Official legal sources
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023)
- Bureau of Police Research and Development - BNSS reference PDF
- National Crime Records Bureau - New Criminal Laws and corresponding sections
This article provides general legal information. The statutory text, State rules, notifications and applicable court orders should be checked for a particular case.