Section 32 CrPC - Mode of Conferring Powers
Section 32 of the Code of Criminal Procedure, 1973 prescribed the manner in which powers under the CrPC could be conferred by the High Court or the State Government. It permitted powers to be conferred upon a person specifically by name, by virtue of an office held by that person, or generally upon classes of officials identified by their official titles.
Section 32 of the Code of Criminal Procedure, 1973
(1) In conferring powers under this Code, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally by their official titles.
(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.
Meaning and Scope of Section 32 CrPC
Section 32 dealt with the formal method by which powers available under the Code could be vested in persons or officials. The provision identified both the authority competent to confer the power and the manner in which that authority could exercise it.
The provision contemplated an order of the High Court or the State Government, depending upon which authority was competent under the relevant provision of the Code. The order could confer powers individually or upon persons holding particular offices or belonging to an identified class of officials.
Who Could Confer Powers under Section 32?
Section 32(1) referred to two authorities:
- The High Court; and
- The State Government.
Which of these authorities could confer a particular power depended upon the relevant provisions of the Code. Section 32 did not itself create every substantive power; instead, it prescribed the manner in which powers authorised elsewhere in the CrPC could be conferred.
Modes of Conferring Powers
Section 32(1) recognised different methods by which an authorised power could be conferred.
1. Empowerment by Name
A particular person could be specially empowered by expressly identifying that person by name in the order.
2. Empowerment by Virtue of Office
Powers could also be attached to an office. In such a case, the empowerment was connected with the official position described in the order rather than merely with the personal identity of the individual holding that position.
3. Empowerment of Classes of Officials
The provision further permitted classes of officials to be empowered generally by reference to their official titles. This avoided the need to issue a separate individual order for every official where the law permitted a class-based conferment of powers.
When Did the Order Take Effect?
Section 32(2) expressly provided that an order conferring powers took effect from the date on which it was communicated to the person who had been empowered.
Communication was therefore an important statutory element. The wording of the provision tied the commencement of the empowerment to communication of the order rather than merely to the date on which the authority prepared or signed it.
Important Features of Section 32 CrPC
- The power had to be conferred by an order of the competent authority.
- The competent authority could be the High Court or the State Government, as applicable.
- A person could be empowered specifically by name.
- Power could be conferred by virtue of the office held by a person.
- A class of officials could be empowered generally by their official titles.
- The order became effective from the date of communication to the person empowered.
Section 32 CrPC and Section 26 BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024, subject to the applicable statutory saving provisions. The subject dealt with by Section 32 CrPC is now contained in Section 26 of the BNSS, titled "Mode of conferring powers."
| CrPC, 1973 | BNSS, 2023 | Subject |
|---|---|---|
| Section 32 | Section 26 | Mode of conferring powers |
Section 26 BNSS substantially continues the same mechanism: the High Court or State Government, as applicable, may confer powers by order upon named persons, persons by virtue of their offices, or classes of officials by their official titles. The order takes effect upon communication to the person empowered.
Applicability after Commencement of BNSS
For present-day criminal procedure, the BNSS is the principal procedural legislation. Section 32 CrPC nevertheless remains relevant when examining proceedings, orders, powers or legal questions governed by the former Code in accordance with the applicable commencement and saving provisions.