CrPC Section 32
📖 Section 32 – Mode of conferring powers
This section tells us how powers can be given (conferred) to Magistrates and other officers under the CrPC.
Key Points of Section 32
Powers may be conferred by the High Court or the State Government
A Magistrate or any officer can exercise only those powers which are legally given to them.
These powers are conferred (granted) either by:
The High Court, or
The State Government, depending on the nature of the power.
Mode of conferment (how the power is given)
The powers must be given explicitly either:
By name (for example: "Mr. X, Magistrate of District Y, is hereby given power to try certain cases"), OR
By virtue of office (for example: "All Chief Judicial Magistrates in the State shall have this power").
Powers given to successors
If powers are conferred by virtue of office, then any person who later holds that office will also automatically get the same powers.
Example: If the power is given to "District Magistrate of Lucknow," then whoever becomes the District Magistrate of Lucknow in the future will automatically have those powers.
Uniformity in exercise of powers
This section ensures that the delegation of powers is clear and consistent, avoiding confusion about who has authority.
⚖️ Purpose of Section 32
To ensure that powers under the CrPC are not exercised randomly, but only by officers/Magistrates who are formally and legally authorized.
To make it clear whether the power is attached to a particular person (by name) or to an official position (by virtue of office).
To prevent disputes or misuse of powers in the justice system.
✅ Example for Better Understanding
Suppose the State Government gives the power to take cognizance of certain offences to "Mr. A, Judicial Magistrate, First Class" (by name). Then, only Mr. A can exercise it.
But if the Government says "All Judicial Magistrates of First Class in Uttar Pradesh have this power," then whoever holds that post, now or in future, will have it.
👉 In short: CrPC Section 32 ensures that judicial and administrative powers are given properly, either personally (by name) or attached to a particular post (by virtue of office).
RELATED Blog
0 comments