Criminal procedure law | India

Section 36 CrPC - Powers of Superior Officers of Police and Section 30 BNSS

Section 36 of the Code of Criminal Procedure, 1973 authorised police officers senior to the officer in charge of a police station to exercise that officer's powers within their appointed local area. Section 30 of the Bharatiya Nagarik Suraksha Sanhita, 2023 now contains the corresponding provision.

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the saving and transitional provisions in Section 531 of the BNSS. For current proceedings, refer to the applicable BNSS provisions and examine the savings for matters already pending before commencement.

Text of Section 36 of the Code of Criminal Procedure, 1973

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.

Section 30 BNSS, 2023 - Present corresponding law

Section 30 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled Powers of superior officers of police, retains the same substantive wording. It appears in Chapter IV, concerning powers of superior police officers and assistance to magistrates and police.

Read the official government-hosted BNSS text (PDF) and the National Crime Records Bureau's new criminal laws reference and correspondence tables.

Meaning and scope of the provision

Who is a superior police officer?

For this provision, the officer must be superior in rank to the officer in charge of a police station. The provision is concerned with rank and the geographical area of appointment, rather than giving every police employee the powers of a station house officer.

What powers may be exercised?

A qualifying superior officer may exercise powers that the officer in charge of a police station could exercise under the applicable criminal procedure law. Those powers remain subject to statutory conditions, procedural safeguards and other legal restrictions; Section 30 is not an unrestricted authority to disregard those requirements.

What is the territorial limit?

The superior officer's authority under this provision extends throughout the local area to which that officer is appointed. The wording does not itself grant nationwide powers or eliminate territorial and jurisdictional restrictions arising under other laws.

Section 36 CrPC and Section 30 BNSS - Key points

The former Section 36 and current Section 30 address the same subject and use substantially identical statutory language. The important change is the governing procedural enactment from 1 July 2024, with the transition controlled by Section 531 BNSS. Whether the earlier Code continues to govern a particular pending investigation, inquiry, trial, appeal or application depends on the statutory saving provisions and relevant facts.

Practical significance

Where a matter is brought to the attention of a superior police officer, the officer's statutory authority must be assessed with reference to rank, area of appointment, the nature of the requested action and the procedural requirements applicable to that action. This provision establishes concurrent authority in the specified circumstances; it does not guarantee a particular investigative outcome.

Official legal references

Bureau of Police Research and Development - New Criminal Laws | BNSS, 2023 - Government-hosted text | NCRB - New Criminal Laws Compendium.

Updated: 16 October 2026. This article is general legal information; the applicable statutory text, notifications and binding judicial decisions should be checked for individual matters.