INDIAN:The Code of Criminal Procedure, 1973 (CrPc)

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32. Mode of conferring powers.

(1) In conferring powers under this Code, the High Courts or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their officers or classes of officials generally by their official titles.

(2) Every such order shall take effect from the date on which is communicated to the person so empowered.

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33. Powers of officers appointed.

Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Code throughout any local area is appointed to an equal or higher office of the nature, within a like local area under the same State Government, he shall, unless the High court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

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34. Withdrawal of Powers.

(1) The High Court or the State Government, as the case may be, may withdrawal all or any of the powers conferred by it under this code on any person or by any officer subordinate to it.

(2). Any Powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.

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35. Powers of Judge and Magistrates exercisable by their successors-in-office.

(1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office. (2) When there is any doubt as to who is the successor-in-office of any Additional or Assistant Session Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceeding or order there under, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge.

(3) When there is any doubt as to that is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may by, shall determine by order in writing the Magistrate who shall, for the purposes of this Code or of any proceeding or order thereunder, be deemed the successor-in-office of such Magistrate.

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36. 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 wish they are appointed, as may be exercised by such officer within the limits of his station.

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37. Public when to assist Magistrates and police.

Every person is bound to assist a Magistrate or police officer reasonably demanding his aid-

(a) In the taking or preventing the escape of any other person whom such Magistrate or police officer is authorizes to arrest; or

(b) In the prevention or suppression of a breach of the peace; or

(c) In the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.

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38. Aid to person other than police officer, executing warrant

When a warrant is directed to a person other than a police officer, any 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.

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40. Duty of officers employed in connection with the affairs of a village to make certain report.

(1) Every officer employed in connection with the affairs of a village and every person residing in a village and every person 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 posses 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 any person whom he knows, or reasonably suspects, to be a thug, 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 143, section 144, section 145, section 147 or section 148 of the Indian Penal Code (45 of 1860).

(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 Indian penal Code (45 of 1 860), namely, sections 231 to 238 (both inclusive), section 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 457, to 460 (both inclusive), section 489A, 489B, 489C and 489D;

(f) Any matter likely to affect the maintenance of order of the prevention of crime or the safety of person or property respecting which the District Magistrate by general special order made with the previous sanction of the State Government, has directed him to communicate information.

(2) In this section, -

(i) "Village" includes village-lands;

(ii) The expression "proclaimed offender" includes any person proclaimed as all offender by any court or authority in any territory in India to which this code does not extend, in respect of any act which if committed in the territories to which this Code extends, would be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, section 302, 304, 382, 392 to 399 (both inclusive), section 402, 435, 436, 449, 450 and 457 to 460 (both inclusive);

(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.

(i) Sections 121 to 126, both inclusive, and section 130 (that is to say offences against the State specified in Chapter VI of the said Code);

(ii) Sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquillity specified in Chapter VIII of the said Code);

(iii) Sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification);

(iv). Sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);

(v) Sections 302, 303 and 304 (that is to say, offences affecting life);

1[(va) section 364A (that is to say, offence relating to kidnapping for ransom, etc);]

(vi) Section 382 (that is to say., offence of theft after preparation made for causing, death, hurt or restraint in order to the committing of the theft);

(vii) Sections 392 to 399, both inclusive, and section 402 (that is to say, offences (if robbery and dacoity);

(viii) Section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);

(ix) Sections 431 to 439, both inclusive (that is to say, offence of mischief against property);

(x) Sections 449 and 450 (that is to say, offence of house-trespass);

(xi) Sections 456 to 460, both inclusive (that is to say, offences of lurking house trespass); and

(xii) Sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes).

Shall, in the absences 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;

(2) 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.

1. Ins. by Act 42 of 1993, sec. 33 (w.e.f. 22-5-1993).

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41. When police may arrest without warrant.

(1) Any police officer may without an order from a Magistrate and without a war rant, arrest any person-

(a) Who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

(b) Who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or

(c) Who has been proclaimed as an offender either under this Code or by order of the State Government; or

(d) In whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(e) Who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(f) Who is reasonable suspected of being a deserter from any of the Armed Forces of the Union; or

(g) Who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which lie is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(h) Who, being a released convict, commits a breach of any rule made under subsection (5) of section 365; or

(i) For whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any, person, belonging to one or more of the categories of person specified in section 109 or section 110.

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42. Arrest on refusal to give name and residence.

(1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India

(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

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