CrPC Section 238
Section 238 CrPC: Power of Superior Officer to Transfer Case
Text of Section 238:
Power of superior officer to transfer case
(1) Whenever the officer in charge of a police station considers that the investigation of any offence is such that it ought to be made by another police officer subordinate to the same magistrate or officer, he may, with the previous approval of such magistrate or officer, direct such other officer to investigate the case.(2) Whenever the officer in charge of a police station considers that the investigation of any offence ought to be made by a police officer subordinate to some other magistrate or officer, he shall forward to such magistrate or officer the record of the case together with the accused, if any, in custody, and shall require such magistrate or officer to direct the investigation of the case by one of his subordinate officers.
Detailed Explanation
1. Purpose of Section 238
The main purpose of Section 238 CrPC is to regulate the transfer of investigation from one police officer to another. This ensures that the investigation is carried out by the most appropriate police officer, either under the same magistrate or under another magistrate.
2. Who can transfer the investigation?
The officer in charge of the police station where the offence is registered.
3. Two main situations under Section 238:
(a) Transfer within the same Magistrate’s jurisdiction
If the officer in charge feels that the investigation should be made by another police officer who is subordinate to the same magistrate or officer, then he can direct that other subordinate officer to investigate.
This transfer requires the previous approval of the magistrate or officer who supervises both police officers.
(b) Transfer to another jurisdiction (different Magistrate)
If the officer in charge believes the investigation should be made by a police officer who is subordinate to a different magistrate or officer, he cannot himself transfer the case directly.
Instead, he must forward the case record and the accused (if in custody) to that magistrate or officer.
The magistrate or officer to whom the case is forwarded then directs one of his subordinate police officers to conduct the investigation.
Why is Section 238 important?
It provides a mechanism to ensure that investigation is conducted properly by the right police officer.
It prevents arbitrary or unauthorized transfer of investigations.
Helps in cases where expertise, impartiality, or jurisdictional convenience requires the investigation to be done by a different officer.
Maintains hierarchical control over police investigations by magistrates or higher officers.
Summary Table
| Aspect | Explanation |
|---|---|
| Purpose | Transfer investigation to appropriate police officer. |
| Transfer within same magistrate | Officer in charge can transfer with prior magistrate’s approval. |
| Transfer to another magistrate | Officer in charge must forward case and accused; magistrate directs investigation. |
| Who approves transfer | Magistrate or supervising officer. |
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