Section 33 CrPC - Powers of Officers Appointed

Section 33 of the Code of Criminal Procedure, 1973 dealt with the continuation of statutory powers when a Government officer who had already been invested with powers under the CrPC was appointed to an equal or higher office of the same nature within a like local area under the same State Government.

What was Section 33 of the CrPC?

Section 33 formed part of Chapter III of the Code of Criminal Procedure, 1973 relating to the powers of courts and officers. Its object was to avoid the need for a fresh conferment of the same statutory powers merely because an officer already invested with powers was appointed to an equal or higher office of the same nature in a like local area under the same State Government.

Section 33 CrPC - Statutory Provision

Meaning of Section 33 CrPC

In simple terms, Section 33 provided continuity of powers. If a Government officer had already been lawfully invested with particular powers under the CrPC for a local area and was subsequently appointed to an equal or higher office of the same nature in a similar local area under the same State Government, those powers ordinarily continued in the new local area.

This continuation was not absolute. The High Court or the State Government, depending upon which authority was competent in the circumstances, could direct otherwise.

Essential Conditions Under Section 33

For the statutory continuation contemplated by Section 33 CrPC, the provision required the relevant conditions to be satisfied. In particular:

• The person must hold an office in the service of Government.
• The officer must already have been invested with powers under the CrPC.
• Those powers must have been exercisable throughout a local area.
• The officer must be appointed to an equal or higher office.
• The new office must be of the same nature.
• The appointment must be within a like local area under the same State Government.
• The High Court or State Government must not have directed otherwise.

Purpose of the Provision

The practical purpose of Section 33 was administrative continuity. Where an officer possessing powers under the Code moved to an equal or higher office of the same nature, the provision enabled the officer to exercise the same powers in the new local area without requiring the process of conferring identical powers to be repeated, subject to any contrary direction by the competent authority.

Meaning of "Equal or Higher Office of the Same Nature"

The wording of Section 33 did not apply merely because a Government servant was transferred or appointed to any other post. The statutory conditions required the new office to be an equal or higher office of the same nature and to be situated within a like local area under the same State Government.

Accordingly, the nature of the earlier and subsequent offices, the territorial area concerned, the source of the powers originally conferred and any direction of the High Court or State Government were relevant to the operation of the provision.

Section 32 and Section 33 CrPC

Section 32 CrPC dealt with the mode of conferring powers under the Code. Section 33 dealt with a related but different situation: the continuation of powers already invested in a Government officer when that officer was appointed to a qualifying equal or higher office.

Section 34 and Withdrawal of Powers

The continuation contemplated by Section 33 should also be read in the context of Section 34 CrPC, which dealt with withdrawal of powers conferred under the Code. Thus, the statutory scheme separately addressed the conferring, continuation and withdrawal of powers.

Section 33 CrPC and Section 27 BNSS

The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 27, titled "Powers of officers appointed." The core rule has been carried forward: an officer already invested with powers who is appointed to an equal or higher office of the same nature within a like local area under the same State Government ordinarily continues to exercise the same powers unless the competent authority directs otherwise.

CrPC After the Commencement of BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and repealed the Code of Criminal Procedure, 1973. However, Section 531 BNSS contains repeal and saving provisions. Consequently, the CrPC remains relevant for proceedings and matters protected by those transitional provisions.

For matters governed by the BNSS, the corresponding provision to Section 33 CrPC is Section 27 BNSS. Readers dealing with a particular proceeding should therefore first determine whether the CrPC or BNSS applies to that proceeding.