Wednesday, 31 August 2017

Thursday, 16 May 2019

The Powers of Police Officer under Code Of Criminal Procedure

The Code of Criminal Procedure (CrPC) is an effective proceeding law of India, which promulgates certain punishments for the offenders or delinquents, under criminal law. It was been authorized in the year 1973 and came into existence or force or commenced on 1st April 1974. Today, we will principally focus upon The Powers of Police Officer under Code Of Criminal Procedure.

The Code of Criminal Procedure possess all the beneficial information regarding and concerned with the procedure that is to be followed, in every investigation, inquiry and trial, for offenses under Indian Penal Code (IPC) or any other relevant law. It deals with certain type of investigations, examination of an accused person, evidences required to prove the accused person guilty or innocent, stating of punishments towards the accused and much more related with aspects only of criminal nature.

The Code of Criminal Procedure (CrPC) is administered by the bodies such as the Supreme Court of India, High Courts, District and Session Judge and Additional District Judges, Executive Magistrates, Judicial Magistrates, Defense Counsels, Public Prosecutors, Police and Correctional Services Personnel. However, today, we are primarily going to lay emphasis upon Powers of Police Officer .

the-powers-police-officer-under-code-criminal-procedure
Powers of Police Officer under Code Of Criminal Procedure



The Powers of Police Officer under Code Of Criminal Procedure :


Under Code Of Criminal Procedure, the Police officer acquires certain powers. These powers of the Police Officer are dealt by Section 36 to Section 40 Criminal Procedure.

(1) Section 36 : Powers of superior officer of police
This section affirms, the powers of superior officer of police. It states that the police officers who possesses the rank of superiority to an officer who is in charge of a police station may implement the same powers, throughout the local area to which they are appointed.

(2) Section 37 : Demand made by magistrate or police must be credible
This section affirms, the demand made by magistrate or police must be credible and sensible in nature. It states that every person is bound to assist a magistrate or police officer credibly, insisting his/her aid.

(iii) Section 38 : Aid to person, other than police officer, implementing warrant
This section affirms, the aid to person other than police officer, implementing warrant. It states that, when a warrant is directed to a person other than a police officer, any person may aid in the implementation of such warrant.

(iv) Section 39 : Public to give information of disparate offences
This section affirms, the public to give information of certain offences. It states that, the duty ceases when information reaches the police through some other source. The duty of a person to inform emerges, only when he/she is aware of the commission of an offence.

(v) Section 40 : Duty of village officers and inhabitants of a village to provide information about disparate offences
This section affirms, the duty of village officers and inhabitants of a village to provide information about disparate offences. The nature of the duty is expeditious and definite.

The Code of Criminal Procedure (CrPC) is prevalent all over the territory of India except the state of Jammu and Kashmir. In India, The Powers of Police Officer under Code Of Criminal Procedure that we discussed so far, are been implemented effectively. Another fact under CrPC is that, the Article which have diminished the powers of the Parliament to authorise in Jammu and Kashmir, is the Article 370 of the Constitution of India. Moreover, any of the provisions, besides the provisions of the code under Chapters VIII, X and XI, are restricted to be implemented in tribal areas and in the state of Nagaland as well.

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