Law and You >Procedural Laws > BNSS > Powers of Superior Officers of Police and Aid to the Magistrates and the Police (Ss. 30-34 BNSS)
The role and authorities of the police in investigations are pivotal for upholding law and order, ensuring justice, and maintaining public safety. Police officers are entrusted with significant powers under the Bharatiya Nagarik Suraksha sanhita, 2023 and other relevant laws, which include the authority to investigate crimes, make arrests, conduct searches, and gather evidence. While exercising these powers, police officers are expected to adhere to principles of fairness, transparency, and respect for human rights. Upholding the rule of law and protecting the rights of individuals are fundamental to their duties. The role of the police in investigations is crucial for maintaining societal order and safeguarding the interests of the community. By diligently fulfilling their duties and exercising their authorities responsibly, police contribute significantly to the administration of justice and the overall well-being of society. In this article let us discuss powers of superior officers of police and role of citizens towards police in crime investigation.
Superior Officers of Police:
Under the Bharatiya Nagarik Suraksha sanhita, 2023, the Superior Officer of Police (usually a Superintendent of Police or above) has certain powers related to the investigation of criminal cases.
Rank Structure of the Mumbai Police:
| Rank | Cadre |
| Director General of Police (DGP) | IPS |
| Commissioner of Police (CP) | IPS |
| Joint Commissioner of Police (Jt. CP) | IPS |
| Additional Commissioner of Police (Addl. CP) | IPS |
| Deputy Commissioner of Police (DCP) | IPS |
| Assistant Commissioner of Police (ACP) | IPS |
| Senior Police Inspector (Sr. PI) | State |
| Police Inspector (PI) | State |
| Assistant Police Inspector (API) | State |
| Police Sub Inspector (PSI) | State |
| Assistant Sub Inspector (ASI) | State |
| Head Constable (HC) | State |
| Police Naik (PN) | State |
| Police Constable (PC) | State |
Rank Structure of the State Police:
| Rank | Cadre |
| Director General of Police (DGP) | IPS |
| Additional Director General of Police (ADGP) | IPS |
| Inspector General of Police (IGP) | IPS |
| Deputy Inspector General of Police (DIG) | IPS |
| Senior Superintendent of Police (SSP) | IPS |
| Superintendent of Police (SP) | IPS |
| Additional Superintendent of Police (Addl. SP) | IPS |
| Deputy Superintendent of Police (Dy. SP) | IPS |
| Assistant Superintendent of Police (Asst. SP) | IPS |
| Circle Inspector | State |
| Police Inspector (PI) | State |
| Assistant Police Inspector (API) | State |
| Police Sub Inspector (PSI) | State |
| Assistant Sub Inspector (ASI) | State |
| Head Constable (HC) | State |
| Police Naik (PN) | State |
| Police Constable (PC) | State |
Powers of Superior Officers of Police (S. 30 BNSS):
- According to Section 30 of the Bharatiya Nagarik Suraksha sanhita, 2023 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.
This Section confers powers upon a Superior Police Officer, the power that is conferred on officers-in-charge of a Police Station.
In Babu v. State of Karnataka, 2007 CrLJ 3802 (3805) (DB) case, the Court observed that the non use of the provisions of Section 36 CrPC (S. 30 BNSS) by the SP and other Senior Police Officers has resulted in free and unfettered situation to IOs to conduct the investigation in a casual and cavalier manner and also to dishonestly manipulate the final report submitted under Section 173 CrPC (S. 193 BNSS)
Powers of the Superior Officer of Police:
- Power to Supervise Investigation: The Superior Officer of Police has the power to supervise the investigation of criminal cases conducted by subordinates. This includes the power to transfer cases from one investigating officer to another.
- Power to Order Investigation: The Superior Officer of Police has the power to order an investigation into a criminal offence even if no FIR (First Information Report) has been filed.
- Power to Arrest without Warrant: The Superior Officer of Police has the power to arrest a person without a warrant in certain circumstances, such as when there is a reasonable suspicion that the person has committed a cognizable offence.
- Power to Release on Bail: The Superior Officer of Police has the power to release an accused person on bail if the offence is bailable.
- Power to Order Preventive Detention: The Superior Officer of Police has the power to order the preventive detention of a person under certain provisions of the law.
- Power to Issue Search Warrants: The Superior Officer of Police has the power to issue search warrants to search for and seize relevant evidence in connection with an investigation.
- Power to Seize Property: The Superior Officer of Police has the power to seize property that is suspected to be connected to the commission of a crime.
It’s important to note that while Superior Police Officers are vested with these powers, they are also bound by legal principles and guidelines aimed at ensuring fairness, transparency, and respect for the rights of individuals during the investigation and law enforcement process. Misuse of these powers can lead to legal consequences and remedies for the affected individuals.
In State of Bihar v. J A C Saldanha, AIR 1980 SC 326 case, the Supreme Court held that if the Inspector General (Vigilance) is an officer superior to the officer in charge of the police station he can exercise the powers of that officer throughout the territory to which the superior officer has been appointed, which, in this case is the entire territory of Bihar.
In State of Kerala v. P.B. Sourabhan, AIR 2016 SC 1194 case, the Bench of Supreme Court comprising justices Ranjana Gogoi and Prafulla C Pant dealing with the question that whether the State Police Chief/Director General of Police is empowered to appoint a superior police officer to investigate a crime case registered outside the territorial jurisdiction of such officer. The bench took note of Section 36 of Cr.P.C. and said: “We do not see how Section 36 in CrPC in any way, can debar the exercise of powers by the state police chief to appoint any superior officer who, in his opinion, would be competent and fit to investigate a particular case keeping in view the circumstances thereof”. The Court further observed: “Section 36 of CrPC does not fetter the jurisdiction of the state police chief to pass such an order based on his satisfaction,”
Thus such power is to be exercised by the District Police Chief who, by virtue of the said section, is empowered to appoint an officer above the rank of an officer in charge of a police station to exercise the same powers as may be exercised by an officer in charge of the police station but the power will be subject to the condition that such superior officer would be competent to exercise powers within the territorial/local limits of his jurisdiction. The bench, however, clarified the power of the state police chief will be amenable to the judicial process on grounds of mala fide or as being without justification and reasonable cause.
When the Officer-in-Charge of a Police Station submitted a final report but afterwards on receipt of certain clues by the Officer, superior in rank to the officer-in-charge of the said police station, filed an application for further investigation, his action is valid as per Section 36 of the Code.
Public When to Assist Magistrates and Police (S. 31 BNSS):
- According to Section 31(a) of the Bharatiya Nagarik Suraksha sanhita, 2023 every person is bound to assist a Magistrate or police officer reasonably demanding his aid in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest.
- According to Section 31(b) of the Bharatiya Nagarik Suraksha sanhita, 2023 every person is bound to assist a Magistrate or police officer reasonably demanding his aid in the prevention or suppression of a breach of the peace. Breach of the peace is a generic phrase to describe a criminal offense that violates the public peace or order.
- According to Section 31(c) of the Bharatiya Nagarik Suraksha sanhita, 2023 every person is bound to assist a Magistrate or police officer reasonably demanding his aid in the prevention of any injury attempted to be committed to any public property. Public Property can be defined as any place or anything which can be used by all the people. Public Property can be considered as the common property of everyone. Public properties can be broadly divided into two parts- Public utilities and Historical Monuments. Public utilities target the well-being of all citizens. Whereas, historical monuments need our preservation and maintenance.
In Emperor v. Joti Prasad, (1920) 42 All 314 case, The Court observed that the law does not intend that police officers should have general power of calling upon membersof the public to join them in doing the work for which they are paid, such as tracing out the whereabouts of an absconding criminal or collecting evidence to warrant his conviction.
Aid to Person, Other than Police Officer, Executing Warrant (S. 32 BNSS):
According to Section 32 of the Bharatiya Nagarik Suraksha sanhita, 2023 when a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.
Public to Give Information of Certain Offences (S. 33 BNSS):
According to Section 33(1) of the Bharatiya Nagarik Suraksha sanhita, 2023 every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely:—
(i) sections 103 to 105 (both inclusive);
(ii) sections 111 to 113 (both inclusive);
(iii) sections 140 to 144 (both inclusive);
(iv) sections 147 to 154 (both inclusive) and section 158;
(v) sections 178 to 182 (both inclusive);
(vi) sections 189 and 191;
(vii) sections 274 to 280 (both inclusive);
(viii) section 307;
(ix) sections 309 to 312 (both inclusive);
(x) sub-section (5) of section 316;
(xi) sections 326 to 328 (both inclusive); and
(xii) sections 331 and 332,
shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention.
According to Section 33(2) of the Bharatiya Nagarik Suraksha sanhita, 2023 for the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India.
In State of Gujarat v. Anirudh Singh, AIR 1997 SC 2780 case, the Supreme Court observed that this Section imposes a duty on every person to give information of certain offences specified in clauses (i) to (xii) of Subsection (1). Every citizen who has knowledge of the commission of a cognizable offence has a duty to lay information before the police and co-operate with the investigating officer who is enforced to collect the evidence and if necessary summon the witness to give evidence.
In S N Naik v. State of Maharashtra, 1996 Cr LJ 1463 (1465) case, the Court observed that there is no statutory obligation on a citizen to inform the police about other offences which are not mentioned in Section 39 CrPC (S. 33 BNSS).
Penalty for Breach of Duty under Section 33 BNSS:
Penalty for breach of duty under Section 33 BNSS is prescribed in Sections 211 and 239 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Penalty for furnishing false information is prescribed under Section 212 of BNS.
Duty of Officers Employed in Connection with Affairs of a Village to Make Certain Report (s. 34 BNSS):
According to Section 34(1) of the Bharatiya Nagarik Suraksha sanhita, 2023 (1) Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess respecting—
(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village;
(b) the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be a robber, escaped convict or proclaimed offender;
(c) the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 189 and section 191 of the Bharatiya Nyaya Sanhita, 2023;
(d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person;
(e) the commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, would be an offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, 103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive), clauses (f) and (g) of section 326, 331or 332;
(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, by general or special order made with the previous sanction of the State Government, has directed him to communicate information.
According to Section 34(2) of the Bharatiya Nagarik Suraksha sanhita, 2023, in this section,—
(i) “village” includes village lands;
(ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act which if committed in the territories to which this Sanhita extends, would be an offence punishable under any of the offence punishable with imprisonment for ten years or more or with imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023;
(iii) the words “officer employed in connection with the affairs of the village” means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village.
Duties and Expectations from People Towards Police:
- Every person is bound to assist a Magistrate or a Police Officer reasonably demanding his aid in taking or preventing escape of any person who could be lawfully arrested; in preventing or controlling breach of peace; and to prevent damage to public property. (Section 31 BNSS).
- Any person aware of the commission of certain serious offences or intention thereof, is duty bound to give information to the nearest Magistrate or Police Officer of such commission or intention (Section 33 BNSS) These BNS crimes include offences against the State; against public tranquility; offences relating to illegal gratification or affecting life.
- A private citizen can arrest or cause a person to be arrested if any non-bailable and cognizable offence is committed in his presence and can also arrest a proclaimed offender. (Section 40 BNSS).
- Allow free ingress to a place if a Police Officer having authority to arrest/search any person or acting under a warrant of arrest/search, has reasons to believe that the person to be arrested has entered into or is within such a place. (Section 44 & 103 BNSS).
- Assist a Police Officer if your assistance is sought by him to join a search. Refusal to do so when asked in writing, without reasonable cause, is an offence under section 222 BNs. (Sec. 103 BNSS).
- Give correct evidence whenever associated in any investigation or trial. Do not give false information to the Police.
- Co-operate with the Police in its action against anti-social elements and in maintaining law and order.
- Protect public property and do not indulge in acts, which damage or deface public property or places.
- All road users must be guided by the objective of enhancing road safety and must pay heed to the legitimate directions and suggestions of traffic police personnel and observe traffic norms and regulations.
- Help injured persons in road accidents by taking them to nearby hospitals and by informing the Police. While so helping the police, if the person so desires, he would not be asked to be a witness in the case or otherwise put to any inconvenience.
- The driver of the motor vehicle responsible for a road accident is duty bound to take all reasonable steps to secure medical attention for the injured person by taking him to the nearest medical practitioner or hospital unless it is not practicable to do so on account of mob fury or any other reason beyond his control. Failure to do so is punishable under law. (Section 134 Motor Vehicle Act, 1988).
- It is a duty of every registered medical practitioner or the doctor on duty in a hospital to immediately attend to the injured person and render medical aid without waiting for procedural formalities unless the injured person or his guardian (in case of a minor) desires otherwise (Section 134 Motor Vehicle Act, 1988). Failure in this regard is punishable under law. (Section 134 Motor Vehicles Act, 1988).
- Community policing initiatives must be given whole-hearted support. Security environment, particularly to curb crimes like thefts and burglaries, can be greatly enhanced if the local community takes initiative to improve physical security arrangement of the neighbourhood and of individual houses/establishments and deploys adequate number of watchmen.
- Be truthful and forthright while going to police for redressal of complaints. Avoid the unholy practice of exaggerating or maneuvering facts to attract operation of criminal laws or to enhance their severity. This is particularly unfortunate when such complaints are pushed through devious recommendations or monetary inducements. Such short sighted actions strike at the root of the rule of law and are among the factors responsible for many of the ills, like malicious investigations and burking, affecting policing.
- Cherish our Constitutional values. All citizens in our democratic polity have equal stake in the rule of law.
- Do not ask or expect Police to resort to unlawful or questionable means while dealing with crime or criminals or public disorder.
Conclusion:
The duties of the general public towards the police in investigations are essential for maintaining law and order, promoting justice, and ensuring the safety of communities. Citizens play a crucial role by promptly reporting crimes, providing accurate information, and cooperating with law enforcement officers during investigations. By respecting legal procedures, preserving evidence, and supporting the efforts of law enforcement, individuals contribute to the effective functioning of the criminal justice system. Ultimately, these responsibilities foster a partnership between the public and the police, enhancing the overall security and well-being of society.