State of Kerala v. P.B. Sourabhan and Ors. - (Supreme Court) (04 Mar 2016)

No bar on Police Chief to appoint officer for investigation outside territorial jurisdiction

MANU/SC/0269/2016

Criminal

The State Police Chief or Director General of Police is empowered to appoint a superior officer to investigate a crime case registered outside the territorial jurisdiction of such officer. The Supreme Court disagreed with the finding of the High Court that such an exercise of powers was in excess of the powers under Section 36 Code of Criminal Procedure, 1973. It noted that such a conclusion could not be reached on a reading of Section 36 of the CrPC as it contained no direct bar to the effect; rather "It is the satisfaction of the State Police Chief, in the light of the facts of a given case, that would be determinative of the appointment to be made in which situation the limits of jurisdiction will not act as fetter or come in the way of exercise of such jurisdiction by the superior officer so appointed."

Relevant : Section 36 Code of Criminal Procedure, 1973 Act

Tags : POLICE APPOINTMENT OFFICER TERRITORIAL JURISDICTION